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(영문) 대구지방법원 경주지원 2017.03.16 2017고단41
절도등
Text

A defendant shall be punished by imprisonment for four 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. On August 29, 2016, the Defendant: (a) around 21:14, 2016, while working as an employee from the DP room “D PP room”; (b) around 100,000 won in cash, which is owned by the victim E, who had a victim E and was in charge of a portable phone; and (c) had a victim E; and (d) had a victim’s personal phone.

In other words, the victim's property was stolen.

2. The Defendant, as a criminal fact that stolen cash as above, was investigated by the racing police station located at the center at the center at the time of racing, with the intent to undergo an investigation by using the personal information of “F”, which is hidden and friendly.

On October 28, 2016, the Defendant, at the G Team office of the foregoing police station around 22:23, 2016, stated the name, resident registration number, etc. of F in the item column of the suspect interrogation protocol by asking questions about the identity of H who is asked with respect to the theft case by preparing a protocol of suspect interrogation, and stating the name, resident registration number, etc. of F without authority for the purpose of exercising the right, and stated “F” in the statement column of the suspect interrogation protocol in the name of “F”, and subsequently forged the signature of F in a way that it is stamped back to the name. In other words, the Defendant displayed the above H’s signature on the suspect interrogation protocol where the F’s signature is forged.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each protocol of the police interrogation of the accused (including F part of the statement);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report the occurrence and arrest of a thief incident and investigation;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 329, 239 (1) and 239 (2) of the Criminal Act concerning the selection of a sentence;

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. Article 62(1) of the Act on the Suspension of Execution (the defendant is in depth of his mistake, and the victim was returned to the victim of larceny.

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