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(영문) 부산지방법원 서부지원 2018.05.08 2017고단1870
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six 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. On September 2, 2017, around 14:40, the Defendant discovered a 7-year bio-verification colored fluort, even if the victim B lost, in front of the instant Maart shop located in the 910-dong, Seo-dong, Busan, Seo-gu, Busan, and the Defendant found that the Defendant was loaded on the C Poter cargo loaded at the Defendant’s 14:40 on September 2, 201.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On September 2, 2017, the Defendant violated the Animal Protection Act: (a) around 16:00, at the “F” operated by E located in Busan Northern-gu, Busan-do; (b) at the request of the said E, the Defendant: (c) caused the said E to die of the Defendant’s capture at around 05:00, around September 4, 2017, by requesting the said E to make up for the price of KRW 40,000,000; and (d) the said E to kill the Defendant’s capture.

As a result, the Defendant captured and killed animals in public places such as roads, parks, etc. without their owners.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Each investigation report;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 360(1) of the Criminal Act applicable to the crime and Article 360(1) of the Criminal Act that provides for the selection of punishment (the crime of embezzlement of deserted articles in possession), Article 46(1) and Article 46(3)1 of the Animal Protection Act, Article 34(1) and Article 31(1) of the Criminal Act (the violation of the Animal Protection Act) are omitted in the entry of the indirect principal offender in the indictment. Thus, it does not seem that ex officio application of the indirect provision to the principal offender would put a substantial disadvantage to the defendant’s exercise of his/her right to defense, and thus, the indirect principal provision shall apply without the amendment procedure.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the victim’s return dog will be managed by the victim.

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