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(영문) 대구지방법원 2016.04.01 2015고단2845
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On August 2, 2012, the Defendant was sentenced to six months of imprisonment for an indecent act committed by force in the Daegu District Court’s sexual branch on August 2, 2012, and completed the enforcement of the sentence on February 14, 2013.

1. On January 1, 2015, the Defendant embezzled the deserted article with the intention of acquisition without following necessary procedures, such as reporting it to the nearest police station, etc., in the case where the victim C was found to have obtained the number plates from the scam of 19, 36-gil, Daegu Suwon-ro, Daegu-ro, 19-ro, a 16:00, the Defendant embezzled the abandoned article in possession with the intent of acquisition.

2. On January 2, 2015, the Defendant acquired the number plates specified in paragraph (1) from the street located in Daegu Suwon-gu, as shown in paragraph (1), at the end of the end of January 2015, the Defendant put the number plates acquired as stated in paragraph (1) at the location where the back number plates are attached to the Defendant’s ownership, and used the public sign as if the above number plates were properly issued by the relevant authorities, and used the public sign as if the number plates were duly issued by the pertinent authorities from that time until April 4, 2015.

3. The Defendant violated the Guarantee of Automobile Compensation from March 4, 2014 to April 4, 2015, operated 125cc calba, where there was no number plate that was not covered by mandatory insurance from the Daegu Suwon-gu E (U.S.) from March 4, 2014 to April 4, 2015.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police in the protocol; and

1. Protocols of seizure and list of seizure, and report on investigation (report on confirmation of details on subscription to mandatory insurance);

1. Each image of the stophographic photo, seized articles and photographs;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes stated in a reply to inquiry, such as criminal history, investigation report (the date of release, etc.);

1. Article 360(1) of the Criminal Act applicable to the crime, Article 360(1) of the Act on the Selection of Criminal Punishment (the embezzlement of deserted articles in possession, the choice of imprisonment), Article 238(1) of the Criminal Act (the illegal use of public marks) and Article 238(2) of the Criminal Act.

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