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(영문) 수원지방법원 2020.05.14 2020고단733

절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. From July 24, 2019, the Defendant: (a) around 19:30 on the 19:30 on the 19:30 on the 7th floor of the Btel, the Defendant: (b) committed theft by inserting the 35,000 won of the market price owned by the victim C in the delivery box; and (c) by inserting the thief in the delivery box.

2. On August 10, 2019, the Defendant: (a) around 16:25, and around 16:25, the Defendant: (b) was investigated as a criminal suspect in the Sungdong Military Police Station in the 13-lane 70-ro, Sungsung-si; (c) was investigated as a thief in the thief Police Station; and (d) had the police officer in charge as if the Defendant was pro-friendly D; and (d) entered the name and resident registration number of the police officer in charge as if the Defendant was the Defendant’s relative D; and (d)

3. The Defendant, at the time and place specified in paragraph (2), issued the protocol of interrogation of a suspect containing a forged private signature to the police officer in charge who is aware of the forgery and exercised the same.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C;

1. Personal data breach, CCTV photographs, and CCTV CDs;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 1, 12, 13, 15 of the evidence list);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of larceny: Article 329 of the Criminal Act;

(b) A private signature aid: Article 239 (1) of the Criminal Act.

(c) Points of exercising the above investigation signature: Article 239(2) and (1) of the Criminal Act.

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than nine years;

2. Scope of recommendations based on the sentencing criteria: Imprisonment with labor for at least one month;

(a) Sentence I (Special Convicted Persons): Reduction elements of larceny (a) (a thief) (a thief) and mitigation elements of larceny in general property: No person who has been sentenced to punishment, nor a person who has been sentenced to punishment: Reduction area (a person recommended area) (a person who has been sentenced to imprisonment for not less than one month but not more than six months);

(b) Crimes of private signature, forging, and uttering of perjury: The sentencing criteria are not set;

(c) Handling multiple crimes: Determination of the sentencing criteria;