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(영문) 서울남부지방법원 2016.07.21 2015고단5047

절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 13, 2015, at the D convenience store operated by the victim C in Gangseo-gu Seoul Metropolitan Government around October 23, 2015, the Defendant stolen with 1 C, a victim-owned market price of at least 23,000 won, where E, an employee of the Defendant, was in display stand by using bad gaps.

2. On October 13, 2015, the Defendant was issued a written confirmation and a written confirmation of the body of arrest by police officers H while he was arrested as a current offender of the thief and was investigated at the Seoul Gangseo-gu Seoul Police Station G District in Gangseo-gu Seoul, Seoul around October 23:45, 2015.

The Defendant, for the purpose of uttering for the purpose of hiding the theft crime, entered “I” as the name of the her birth in the form of a written confirmation and a written confirmation of the body of arrest and arrest, and forged another’s signature, and exercised H with no knowledge of such fact a written confirmation of the body of arrest bearing a forged signature as above.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to photographs, receipts, investigation reports (related to the video recording of field CCTVs), investigation reports (written confirmation signed and sealed by the person subject to investigation, and physical confirmation for arrest);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Larceny: Article 329 of the Criminal Act. Article 329 (Selection of Imprisonment);

(b) Signature of a private signature and the use of a signature for the above investigation: Articles 239(1) and 239(2) of the Criminal Act

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. Reasons for sentencing under Article 62(1)(1)(a) of the Criminal Act on the suspension of execution [the scope of the punishment recommended in the sentencing guidelines] : The basic area of the crimes of Class 2 (general larceny): the crimes of Class 2 (general larceny) from June to June 1: the crimes of Class 2 (f) of the Act on the thief for general property: Considering only the crimes on which the sentencing guidelines have not been set (the decision of the sentence] as the grounds for the punishment for the crimes of Class 1 (a) has not been set, and it has not been long long enough to commit the same crimes, and it has been repeated.