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(영문) 인천지방법원 2016.05.31 2015고단6971
절도등
Text

Defendant shall be punished by imprisonment for six months and by a fine for 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From October 8, 2015, around 10:44, the Defendant: (a) committed theft, at the parking lot of the Dong-gu residents’ happiness center located in 70 o-ro 40, Dong-gu, Incheon, Dong-gu, Incheon; (b) caused theft of a construction section, which includes a transtension of KRW 200,000, total market value of the victim C-owned.

2. On October 22, 2015, around 15:21, 2015, the Defendant, at the Jung-gu Incheon Jung-gu Police Station’s criminal charge and D Team’s office, was investigated as a larceny case as stated in paragraph (1), and as the Defendant’s punishment E, the Defendant stated “E” in a written statement, a written interrogation of suspect, and a written statement of ownership attachment, without authority, for the purpose of exercising the suspect’s investigation, and submitted it to the F slope affiliated with the said police station, respectively.

Accordingly, the defendant forged E's signature and used forged signature.

3. On October 8, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 10:44, 2015, the Defendant driven a motor device driver’s license from around 70 Dong-dong Residents’ Down-ro 40, Dong-dong, Incheon to the front road of the Dong-dong Residents’ Down-dong, Incheon Metropolitan City, without obtaining a motor device driver’s license from around 70, Dong-dong residents’ happiness center to the front road of the non-exclusive golf course.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. The existence of a police interrogation protocol and a written statement under the name of “E” with respect to “E”

1. C’s statement;

1. A protocol of seizure and a list of seizure;

1. A thief photograph;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (abstinence, a punishment by imprisonment), Article 239 (1) of the Criminal Act (abstinence of the signature of the company), Article 239 (2) and Article 239 (1) of the Criminal Act (abstinence of the signature of the company), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (abstinence of the driver’s license for the bicycle device);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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