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(영문) 대구지방법원 김천지원 2014.05.22 2013고단1039 (2)

특수절도등

Text

A fine of two million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

1. The defendant who commits unlawful uttering of official documents;

5. At around 19:40, 18. 19:40, in order to rent the Macdong-si EY YF YF rocketing car on the roads in Kumi-si B, the person who is requested to present a driver's license from F of the said Lita-si business owner F, and the person who previously held the G's driver's license under the name of F of the Daegu Police Agency as if the Defendant was the driver's license for the Defendant.

Accordingly, the defendant did not use official documents.

2. The Defendant drafted a siren contract in order to lend the said YF rocketing car at the time, place, etc. set forth in paragraph 1, and entered the signature of G in the “person leased without authority,” using the shot package.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the rental contract in the name of G, which is a private document on the rights and obligations, and issued it to F, which is not aware of the fact of the said Article.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol regarding H: Police interrogation protocol;

1. Investigation report (F counterpart investigation of witnesses);

1. Application of Acts and subordinate statutes, such as protocol of seizure (15 pages);

1. Relevant Article 230 of the Criminal Act, the choice of punishment for the crime, Article 230 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of fines for the crime (the use of a private document), the selection of fines for the crime (the use of a private confession and reflectivity, circumstances leading to the crime, criminal records, the age of the accused, family relationship, etc.

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;