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(영문) 서울동부지방법원 2017.05.19 2016고단4446
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 2014, the Defendant shall take out the victim’s non-resident registration certificates in the market price owned by the victim E (F) in order to open a mobile phone under another person’s name in the studio of the D Hospital located in Gangnam-gu Seoul Police Officer, and in order to open a mobile phone under another person’s name;

In other words, they stolen them.

2. The Defendant forged a private document at a mobile phone agency near Seongdong-gu Seoul Metropolitan Government on June 2, 2014, which was located there.

Using a writing body in the application form for Maleh Moble, stating “E”, “H”, “I” in the cell phone column, “I” and “E” in the address column, “Sedong-gu J apartment 3 Dong-dong 207,” and “E” in the application form form for Maleh Moble subscription, and then making a private person on the name side of the applicant column.

Accordingly, for the purpose of uttering, the Defendant forged a letter of application for Mobio Mobio in the name of E, a private document related to rights and obligations.

3. At the same time and place as set forth in paragraph 2, the Defendant: (a) delivered a forged E-mail application form as if he were a document duly formed, to an employee of the aforementioned mobile phone agency, who was aware of the forgery, as set forth in paragraph 2; and (b) exercised it.

Summary of Evidence

1. Legal statement of witness F;

1. A detailed statement of subscription applications and telephone number charges;

1. Application of Acts and subordinate statutes to a written agreement;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (the point of section 329 of the Criminal Act), Article 231 of the Criminal Act (the point of section 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document), and the choice of imprisonment with prison labor;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the reasons for sentencing)

1. Crimes No. 1 (Scope of Recommendation) of the scope of punishment according to the sentencing guidelines for the sentencing guidelines and crimes No. 2 (private document) of the basic area (6 months to 2 years) (no person subject to special sentencing) of the type 1 (such as fabrication, alteration, etc. of private document) shall be included in the scope of punishment [the scope of recommended punishment] of the recommendation.

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