(영문) 대구지방법원 2014.01.16 2013노3702 | 리걸엔진

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(영문) 대구지방법원 2014.01.16 2013노3702

점유이탈물횡령

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 2,000,000.

Defendant .

Reasons

1. In light of the fact that the summary of the grounds for appeal is against the Defendants, the punishment (the fine of 4 million won is imposed on the Defendants A, the imprisonment of 1 year for the Defendants B, and the imprisonment of 1 year and 2 months for the Defendants C) of the lower court is too unreasonable.

2. Determination

A. Defendant A’s crime of this case is an unfavorable circumstance where it is difficult for the victims to recover the lost mobile phone because of the embezzlement of the lost mobile phone by a guest aboard the taxi to sell it to a stolen business operator, and the fact that it is virtually impossible for them to recover the lost mobile phone.

On the other hand, there are favorable circumstances such as the fact that the defendant recognizes all crimes and seriously reflects the fact that the mobile phone acquired by the defendant is only three times, and that there is no criminal record against the defendant.

In this context, considering the various circumstances shown in the records and arguments, the sentence imposed by the court below on the defendant is somewhat inappropriate.

B. A favorable condition is that Defendant B recognizes and reflects a criminal act, the profit actually acquired by the Defendant appears to be not significant, and there is a family member to support the Defendant.

However, in light of the method of the crime committed by the defendant and the number of cell phoness mediating the transfer, etc., the crime mediating the disposal of the stolen mobile phones encourage the larceny or the embezzlement of stolen objects against the mobile phones, such mobile phones are likely to cause other crimes by using largephones, etc., and there is a need to be strict in that there is no way to recover damage from the crime. The defendant has already been sentenced to imprisonment with prison labor for one year for the crime of acquisition of stolen objects, and the defendant has committed the same kind of crime as in the instant case at least one hundred days from the end of the punishment, even though he was released from prison.

유사 판례

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