A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a C-si engineer.

피고인은 2014. 12. 3. 02:00경 인천시 부평구 산곡동 소재 백운현대아파트 307동 앞 노상 위 택시 내에서 손님으로 승차한 피해자 D가 하차 시 두고 내린 시가 150만 원 상당 삼성노트북(모델명: XQ700T1C-H53S, 제조번호: E) 1대가 든 가방을 습득한 승객인 성명불상자로부터 인계받아 위 가방을 보관하던 중 자신이 가질 목적으로 가지고 가 이를 횡령하였다.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Written statements of D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Theft No. Round Photographss);

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) inasmuch as the crime is not good in that the defendant, who had been subject to punishment twice for the same crime, once again taken over from the customer, he/she embezzled so far as he/she had been subject to punishment; (b) however, inasmuch as the crime is not good, he/she will choose imprisonment; (c) however, he/she will be entrusted with the goods left by the victim; (d) the above goods have been temporarily returned to the victim; (e) the disabled person's delay is against his/her mistake; and (e) other circumstances revealed in the arguments of this case, such as the defendant's age, character