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(영문) 수원지방법원 안양지원 2016.07.01 2015고단1823
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

"2015 Highest 1823"

1. On November 6, 2015, the Defendant, on his own initiative, embezzled, without following necessary procedures, such as acquiring a new body knife card, national body knife card, etc., which was lost by the victim C in the old world near the Manan-gu Man-gu, Seocheon-ro, Annyang-gu, Seocheon-ro, Mayang-ro, and returning it to the victim.

2. On November 8, 2015, the Defendant: (a) opened a window that was not corrected at the “F cafeteria operated by the victim E in the Manyang-si, Mayang-si on the part of November 12:50, 2015; and (b) entered the said restaurant, and carried 5,000 won in cash in the said place.

Accordingly, the Defendant intruded into the above restaurant, which is a building managed by the injured party, and stolen the above 5,000 won, which is the property owned by the injured party.

"2016 Highest 250"

3. On February 26, 2016, the Defendant: (a) obtained a 191,000 won in cash in front of the machinery extracted from a roto sales store located in Ansan-si G at Anyang-si, Annyang-si, with a 191,00 won in cash in front of the machinery installed in front of the roto sales store; and (b) obtained a theft by using the gap in which the victim’s attention was neglected.

Summary of Evidence

"2015 Highest 1823"

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A protocol of seizure and a list of seizure;

1. Each photograph "2016 Height 250";

1. Statement by the defendant in court;

1. A H statement;

1. Application of Acts and subordinate statutes concerning compilation photographs of CCTV video data;

1. Relevant Article 360(1) of the Criminal Act concerning the crime, the choice of punishment (the embezzlement of deserted articles in possession), Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is [favorable circumstances] and the nature of the crime, such as theft of property, is not good. During the period of suspended execution, the Defendant is both aware of the crime of larceny of the same kind during the period of suspended execution. A part of the victim is the Defendant, who is the victim.

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