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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 7, 2018, the Defendant embezzled the goods of another person who left possession without taking measures, such as returning, etc., even though he/she obtained a driver’s license under C in front of the modern traffic, which is located in the upper end of the 5-gil of Ansan-si, Ansan-si, the upper end of the 5-ro, Ansan-si, and thus, embezzled those goods
2. On January 11, 2018, the Defendant was required to present an identification card to verify the identity of a person who entered a casino game room at the entrance search stand at the entrance of the Gangwon-do Casino Game site, a corporation located at 265 North Korea-Eup, Gangwon-do, Gangwon-do, Gangwon-do.
Accordingly, the Defendant presented the certificate of driver’s license issued by the Korean National Police Agency C before the official document, which was possessed by the Defendant as stated in paragraph 1, as if he were his driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A protocol of seizure and a list of seizure;
1. Public text related to casino access restrictions;
1. Investigation report (to hear statements by the owner of a driver's license);
1. Application of statutes on driving licenses;
1. Relevant Article 230 of the Criminal Act concerning the facts constituting an offense, the choice of punishment (the occupation of unlawful uttering of official documents), Article 360 (1) of the Criminal Act (the occupation of embezzlement of deserted articles in possession), and the choice of imprisonment, respectively;
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 grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include the fact that the defendant is recognized to commit the instant crime, favorable circumstances such as the fact that there was no record of punishment exceeding the fine, and the fact that there was a record of punishment due to the illegal commission of official document, which is the same crime, disadvantageous circumstances, such as the character and conduct, environment, motive and circumstance leading to the instant crime, and the circumstances before and after the instant crime, etc., the punishment shall be determined as ordered by taking into account all the following factors: