(영문) 전주지방법원 군산지원 2020.04.10 2019고단1576

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(영문) 전주지방법원 군산지원 2020.04.10 2019고단1576

절도등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On June 22, 2019, at around 09:16, the Defendant: (a) committed theft by using a towing vehicle of 10 million won per ton of E, which is the market value owned by the victim D, parked on the road in front of the “C” located in the Yasan City B; and (b) by taking advantage of the towing vehicle.

2. On June 19, 2019, the Defendant filed a false complaint with the public service center of the Dasan Police Station, located in 165-12, stating that “D, the Defendant, on November 1, 2018, filed a theft of the personal seal impression or resident registration certificate of the complainant, which was kept in custody on the E 1 ton truck owned by the complainant, and used it on November 5, 2018, and submitted it to the creditor F for the purpose of punishing him/her.”

However, in fact, when D paid the total purchase price, etc. on November 2018, the remainder of the installment payment is also borne, and it was actually owned and operated, and D only borrowed from the name of the defendant, but only borrowed the name of the defendant. Since then D had the possibility that the creditor of the defendant's compulsory execution on the above truck around May 19, 2019, it was notified that D would carry out provisional seizure of the truck, and after receiving the seal imprint certificate and resident registration certificate from the defendant directly through G, it was made a provisional seizure of the truck using it.

Accordingly, the defendant raised D's free will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each prosecutor of the suspect examination protocol (including a substitute part) against the defendant or D (including a duplicate);

1. Statement made by the prosecutor's office with H on the statement;

1. Entry of each statement of the police suspect interrogation protocol of the defendant or D in the police officer;

1. Each statement made by the police officer on the D or the defendant;

1. Copies of the D statements;

1. 12Report statement of processing of the 112 Reporting Cases, investigation report (related to the attachment of documents to forward the case of separate complaint) and recording records; and

유사 판례

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