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(영문) 수원지방법원 2017.07.19 2016고단7430
절도등
Text

A defendant shall be punished by imprisonment for not less than five 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. At around September 12, 2016, the Defendant: (a) committed theft, at the “D” parking lot located in Suwon-si, Suwon-si, Suwon-si; (b) brought about a 1 emergency vehicle, which is equivalent to KRW 50,000, the market value of the victim E, owned by the victim; and (c) on September 13, 2016, the Defendant: (a) signed a death on September 13, 2016, the Defendant: (d) voluntarily accompanied the Defendant to the G police station located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, which is located in Suwon-si, with the same suspected facts as the preceding paragraph; (b) was subject to criminal investigation; (c) the Defendant’s name and resident registration number (I); and (d) stated “H” on his/her front letter of consent to voluntary accompanying, signed on his/her side; and (d) forged the Defendant’s signature on his/her own side;

3. The Defendant: (a) without authority for the purpose of exercising at the time and place specified in paragraph (2), submitted the signature of the above H’s name stated in the above letter of consent to voluntary accompanying and the written statement to the AssistantJ, which was unaware of the fact that the name was forged, and had the above J bound the above document to be bound by the investigation records; and (b) exercised the signature of the forged H’s name as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of statutes on voluntary consent to accompanying, on-site photographs;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (a point of intention, a choice of imprisonment), Article 239 (1) of the Criminal Act (a point of intent) and Article 239 (2) and Article 239 (1) of the Criminal Act for the crime (a point of exercise of signature of the above investigation);

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. Application of the sentencing criteria [the scope of the recommended punishment] The mitigated area (4 months to 10 months) of the mitigated area (special sentencing factors) of the Class 2 (general larceny) for general property (special sentencing factors): The sentencing criteria of the mitigated area has not been set.

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