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(영문) 서울중앙지방법원 2013.09.12 2012고단967 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On September 23, 201, at around 17:00, the Defendant and B, together with B, set up a hand checker in front of Jung-gu Seoul, Jung-gu, Seoul, and set up a knicker, and then entered the knicker after the knicker parking lot. B, with the knicker in advance, removed part of the steel knicker’s market price at KRW 30 million, the victim D owned by the knicker, and then deducted part of the steel knicker’s steel parts and knicker’s steel knicker, such as the market price undeveloped back.

Accordingly, the defendant stolen the victim's property together with B.

2. The defendant;

A. At around 17:20 on September 23, 201, the Defendant: (a) was arrested as a flagrant offender for special larceny in front of Jung-gu Seoul, Jung-gu, Seoul; (b) stated “E” in the “A” column of the written confirmation of the arrest of a flagrant offender with a black-type pen; and (c) affixed a seal on the side.

Accordingly, for the purpose of exercising a certificate, the defendant forged a letter of arrest of flagrant offender E, which is a private document related to a certificate of fact.

B. The Defendant at the time and place indicated in paragraph 2(a) and at the same time and place, submitted a forged flagrant offender arrest certificate to a slope F, a police officer belonging to the Seoul Southern Police Station, who is aware of the forgery, as if the document was duly completed.

C. On September 23, 2011, the Defendant: (a) was examined by the police officer G at the 1st team office of the Seoul Southern Police Station Criminal Team at the Seoul Southern Police Station’s Criminal Team; (b) was written in the “E” column among the interrogation protocol prepared by the said G; and (c) was stamped next to the interrogation protocol prepared by the said G.

Accordingly, the defendant has forged his signature in the name of E for the purpose of exercising his right.

The defendant at the time, place, etc. mentioned in paragraph (2)(c) shall submit the above E’s signature written in the above interrogation protocol to the above Gyeong G who is aware of the forgery of the signature, as if the signature entered in the above E’s protocol was genuine.

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