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(영문) 인천지방법원 2017.04.20 2016고단8897
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person working as the head of the management support division in the third floor of the Seocho-gu Seoul Metropolitan Government E building (ju) in Seocho-gu, and the victim G is a person who worked in the above (ju) F as a business employee.

On April 25, 2014, the Defendant: (a) delivered a vehicle of 62,293,000 won at the market price of HH A6 owned by Korea Social Services Co., Ltd., but the victim did not pay the lease cost, and (b) around March 11, 2016, the Defendant was stolen by towing the vehicle of 16 HH A6 vehicle at the entrance of the apartment of 8-ro 19:50,000 in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, 19:50, which was parked at the 7-ro 42 relay 19:50,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Police seizure records and list of seizure;

1. Investigation report (verification of visual CCTV recording);

1. Application of the terms and conditions of comprehensive vehicle transactions and the Acts and subordinate statutes on automobile financial lease agreement;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination as to the assertion of the defendant and his/her defense counsel under Article 62(1) of the Criminal Act (Reasons for Suspension of Execution under the following)

1. The assertion;

(a) does not constitute another person’s property;

B. The decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision-making decision

(c)

A victim G is merely an assistant in possession, and the defendant is for the recovery of the possessory right of the F. In addition, there is no intention to larceny.

(d)

There is no illegality as it constitutes a self-help act.

2. Determination

A. Since the instant motor vehicle is registered in the name of a major halog social service, it constitutes another person’s property from the standpoint of the Defendant.

Even if it is deemed that it is owned by the FF in accordance with the lease agreement between halogen social services and the KF, the defendant constitutes an employee of the KF in charge of the dispute resolution, which corresponds to another person's property.

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