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(영문) 광주지방법원 2017.10.13 2017고단3583

절도등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment 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 August 4, 2017, at around 04:30, the Defendant: (a) stolen, on the front of a long-term restaurant 1, which was stored in the middle of March 1, 2017, the victim B, and attempted to steal the victim B by putting the victim’s 18,000 maths (50) at a large amount of 18,00 won.

The prosecutor was indicted by the number of larcenys on the premise that the defendant she saw her to go on, but there is no evidence to acknowledge it.

However, it is recognized that the defendant had increased the number of descendants, so that the defendant acquired possession of the increase in the number of times, and larceny reaches the number of times, and this constitutes a reduction of the facts prosecuted, and thus, the fact of reduction ex officio without any changes in indictment is recognized.

2. On August 4, 2017, around 07:34, the Defendant: (a) drafted a suspect interrogation protocol at the investigation station and C office located in 164, Sungsung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Seoul, and signed the investigation protocol as “D” in the Defendant’s signature and seal on the suspect interrogation protocol and the confirmation column of the investigation process confirmation document; and (b) issued the same as if he/she was aware of the forgery to E, respectively.

Accordingly, the defendant forged another person's signature for the purpose of exercising the right and exercised the forged signature of another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the accused in the police interrogation protocol (including the DNA name) of the suspect;

1. Statement in the police statement protocol against B; and

1. Application of Acts and subordinate statutes to describe a certificate of acceptance of damaged articles;

1. Article 329 of the relevant Act concerning the crime; Article 239 of the Criminal Act; Article 239 (1) of the said Act concerning the crime; Article 239 (2) and Article 239 (1) of the said Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment specified in the above crime against a letter of intent to sign a above investigation and a letter of intent to commit a crime heavier than that of a suspect shall be imposed);

1. Optional theft of punishment, or election of imprisonment;

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. The Criminal Act, the suspension of execution;