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(영문) 광주지방법원 목포지원 2016.01.15 2015고단1455
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. From September 8, 2015 to around 12:00 to around 12:00, the Defendant embezzled the keys of the instant cargo vehicle, the victim B, who was located far away from the floor, without taking prescribed procedures, such as taking the key of the instant cargo vehicle, and returning it to the victim.

2. On September 23, 2015, the Defendant illegally used the vehicle: (a) used the key of the above CPoter vehicle embezzled as described in paragraph (1) around September 23:36, 2015; (b) used the key to the said Cpoter vehicle; (c) used the key to the instant Cpoter vehicle, which was parked on the front of Bapoon; and (d) driven the vehicle,

Accordingly, the Defendant temporarily used the automobile without the consent of the victim.

3. On September 10, 2015, the Defendant: (a) intruded into a “F” building located in B at right time on September 10, 2015; (b) opened a 4 sprink in the direction of the market value equivalent to KRW 1,300,00,000, the victim G holding the stairs between the first floor and the first underground floor; and (c) loaded the said C Poter in the cargo space.

Accordingly, the defendant stolen the property owned by the victim by intrusion on the victim's structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. G statements;

1. Twelve copies, such as field photographs, photographs of used vehicles, etc.;

1. In cases of an investigation report (as to the detection of a suspected vehicle), an investigation report (as to the detection of a suspected vehicle, CCTV tracking investigation and booming), an investigation report (as to attaching photographs, etc. of a suspected vehicle), and the application of Acts and subordinate statutes of a report on investigation (to telephone investigation);

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 360 (1) of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles from possession, the selection of imprisonment), Article 331-2 of the Criminal Act (the illegal use of automobiles, the selection of imprisonment), Article 330 of the Criminal Act (the larceny of intrusion into night buildings);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. Order of community service;

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