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(영문) 대구지방법원 서부지원 2017.11.15 2017고단368
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. The Defendant, from June 2015 to September 1, 2015, invaded upon the residence of the victim C (V 80 years old) in the Daegu Western-gu, Daegu-gu, and had been in custody of the victim in the Western-gu.

D A copy of a loan certificate under the name of D or a copy of a loan certificate under E, and the theft was made.

2. On April 2016, the Defendant changed a private document by using a photographer at an influorous place, stating that “two copies of interest” in the D’s loan certificate is “three copies” and “three copies of interest” in the E’s loan certificate and added “three copies of interest” to the F’s loan certificate. In addition, the Defendant added the F’s loan certificate to “Seoul Metropolitan City, Seogu, Seoul” and “three copies of interest.”

Accordingly, for the purpose of uttering, the Defendant altered each of the loans in the name of D, E, and F, a private document related to rights and obligations.

3. On April 14, 2016, the Defendant submitted an application for provisional seizure of real estate in the Daegu District Court’s Seo-gu G-gu G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based land, and issued three copies of the altered loan certificate as if it were duly constituted.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and D;

1. A protocol concerning the examination of suspect against some of the accused by the prosecution;

1. Each police statement protocol against C and E;

1. E statements;

1. Application of the Acts and subordinate statutes governing the provisional seizure of real estate;

1. Articles 329, 231, and 234 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the defendant has no criminal record exceeding the past record of the same crime or fine, the age and health of the defendant, and other various circumstances shown in the pleadings of this case);

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