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(영문) 제주지방법원 2018.04.12 2017고단1740
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant embezzled, on January 2016, 201, the Defendant: (a) found the lost mony transportation card of the victim C on the cash withdrawal machine at the place; (b) did not follow necessary procedures, such as returning it to the victim; and (c) embezzled it with his/her intent to use without taking necessary procedures, such as discovering the lost mony transportation card.

2. On November 21, 2016, the Defendant, at around 20:40, 200, boarded in the EF bus affiliated with D on the street near Jeju-si, and committed an indecent act by force against the victim by forcing the victim by deceiving the victim’s G (name, leisure, age 28) who is a foreigner on the bus, demanding the victim to see the victim’s bad music, and making the victim’s speech, including “kis (ks), and compliance (com)” on his hand, the Defendant committed an indecent act by force against the victim by deceiving the victim’s left chest on his hand.

3. On May 20, 2017, the Defendant: (a) around 22:25, the Defendant: (b) opened a entrance in front of the residence of the victim I of H 2nd floor at Jeju, which was not corrected; (c) intruded into the victim’s residence through stairs; and (d) cited 150,000 won of the market price, which was at the rapid rate of 150,000 won, at the time of the incident; and (d) stolen it.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Protocols of seizure (voluntary submission), list of seizure, and photographs of seized articles (the facts of judgment No. 2);

1. Legal statement of witness G;

1. Statement of the police statement related to G;

1. A written statement of the G production;

1. A translation of the report on internal investigation (at the time of receipt of the report, etc.), and damage details;

1. A report on internal investigation (Attachment of bus booms and images), a photograph by cutting a black stuff image and cutting it (the facts of the judgment No. 3);

1. Statement by the defendant in court;

1. A written statement prepared in the I;

1. Relevant photographs;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 360 (1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 298 of the Criminal Act (the point of forced indecent act) and Article 330 of the Criminal Act concerning the crime;

1. The crime of embezzlement and coercion of forced indecent act shall be committed against selective possession of the penalty;

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