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(영문) 인천지방법원 2013.06.25 2013고단845
절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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. A thief: (a) around August 14, 2012, the Defendant stolen the victim’s cash 3.3 million won in cash and in sight of the market price, using the gap in which the victim E was under the influence of alcohol through Internet hosting, and then stolen it.

2. Around 10:00 on August 20, 2012, the Defendant filed a petition with the public service center of the Incheon Southern-dong Police Station located in the Southern-gu Incheon Metropolitan City, Dong-gu, Incheon, and the facts were to have sexual intercourse under the agreement with E at the date, time, and place specified in paragraph (1) and did not have been raped from the above E, and E was subject to criminal punishment upon reporting the Defendant as larceny and being investigated by the above police station, and upon receiving investigation from the above police station, the Defendant filed a false complaint with the intent to have E subject to criminal punishment. Around August 21:00, 2012, the Defendant filed a false complaint stating that “E, who is the Defendant, was raped by a complainant under the influence of alcohol in the neighboring Del located in the Nam-gu, Incheon Metropolitan City, Nam-gu, Seoul, Seoul, by submitting it to the employee in charge

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement made to G, E, and H;

1. Application of Acts and subordinate statutes to the petition for complaint and the petition for cancellation;

1. Relevant Articles of the Criminal Act, Article 329 of the Criminal Act, Article 156 of the Criminal Act, and the choice of imprisonment for a crime;

1. Articles 157, 153 and 55 (1) 3 (Confession) of the Criminal Act for mitigation of confession;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's assertion of Article 62-2 of the Criminal Code of the Social Service Order and his defense counsel's determination and defense counsel's assertion and the defendant's defense counsel asserted that the defendant's dismissal of E does not constitute a theft of the damaged items stated in

The following circumstances, which are acknowledged by the above evidence, i.e., the inside the telecom as stated in the judgment of the defendant.

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