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(영문) 부산지방법원 2017.07.07 2017고단2850
절도등
Text

A defendant shall be punished by imprisonment for not less than five 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. A theft: (a) around April 9, 2017, the Defendant: (b) committed theft by putting 10,000 won in the Defendant’s clothes in the Defendant’s clothes; (c) 14:10,000, the total market value of the female clothes, which are located in the “E” store located in the Busan High-gu Busan High-gu, Busan High-gu, in a cresh of surveillance of the Victim F, into the Defendant’s clothes.

2. On April 9, 2017, the Defendant: (a) arrested the Defendant as an offender in the act of committing a crime, such as Paragraph (1) around 14:40 on April 9, 2017; (b) was under investigation at the subway Police Team located under the same C and under investigation on the charge of larceny in the subway Police Team located under the same C, and thus, is likely to be subject to heavy punishment for the reason that there are many criminal offenses of the same kind; (c) was conducted as if the Defendant was “G”, a person hiding the name of the Defendant; and (d) followed an investigation; and (e) stated “G” at the end

Accordingly, the Defendant forged the G’s signature without authority for the purpose of exercising the right.

3. The Defendant, at the same time and place as Paragraph 2, exercised a forged signature by delivering a confirmation document prepared to the subway police patrol team guards H as Paragraph 2, which is aware of the fact, to the investigation team assistant I as if the suspect interrogation protocol prepared as Paragraph 2 was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes concerning the report of investigation;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention, a choice of imprisonment), Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, and Article 239 (2) and (1) of the Criminal Act (a point of exercising the above-mentioned signature)

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. Even though there was a history of criminal punishment against a thief for the reason of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances), in order to avoid and conceal the larceny crime.

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