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(영문) 전주지방법원 정읍지원 2014.04.01 2014고단33
절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A thief: (a) around January 22, 2014, at the “Emart,” operated by the victim D, who was in ancient Chang-gun C, Chang Chang-gun, the Defendant: (b) stolen food and beverages worth KRW 43,40,00, total market value of the victim-owned and displayed at the display stand, including two strings; (c) food and beverages; and (d) food and beverages worth KRW 43,400, in a manner that put them into the victim’s bank or carries them into the victim’s hand.

2. At around 18:52 on the same day as indicated in paragraph (1), the Defendant arrested a flagrant offender due to the same act as indicated in paragraph (1), and entered the suspect in the protocol of interrogation of the suspect as if the Defendant was F, and entered him in the protocol of interrogation of the suspect.

Accordingly, the defendant, for the purpose of exercising his authority, forged the F's name without authority and entered the F's name.

3. The Defendant, at the time and place specified in paragraph (2), issued the suspect interrogation protocol with a forged signature as if it were duly formed, as described in paragraph (2), to the police officers in charge of knowing the forgery.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused (first time);

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes governing the place of criminal offense;

1. Article 329 of the Criminal Act, Article 239 (1) of the Criminal Act, and Article 239 (2) and (1) of the Criminal Act, concerning facts constituting an offense;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

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