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(영문) 창원지방법원 2017.05.11 2017고단431
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. Around December 3, 2016, the Defendant embezzled, without taking prescribed procedures, such as discovering a door-to-door plastic bag in the sum of the market prices owned by the victim B, which is KRW 200,000,00 of the market prices of the victim B, where a door-to-door plastic engineer delivers from the stairs of the underground parking lot of the building C of the window of Changwon-si, Changwon-si, and returning it to the victim.

2. On December 3, 2016, the Defendant: (a) driven a D 3 truck without obtaining a driver’s license in a section of about 10km from around 151-5 of the counter 151-5, Changwon-si, Changwon-si to around 13:30 on December 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Each internal investigation report and investigation report;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant legal provisions of the Criminal Act, Article 360(1) of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, the choice of criminal facts;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. The sentencing of Article 333(1) of the Return Criminal Procedure Act is based on the following circumstances: (a) the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and (b) the sentencing conditions specified in the instant case’s circumstances after the commission of the crime.

The favorable circumstances: The defendant has been sentenced to imprisonment with prison labor for more than two years on February 11, 201 due to a special larceny and a violation of road traffic law (unlicensed driving) on February 11, 201, etc.

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