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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 26, 2018, around 16:15, the Defendant thefted the victim’s 3 store located in Nam-gu, Nam-gu, Gwangju, with 60,000 won or more of the market price managed by the victim by taking advantage of the gaps in surveillance negligence of the victim D, and with 2 knife and 1 knife, rice.
2. On August 17, 2018, at around 14:28, the Defendant: (a) was investigated into the thief case at the Seoul Southern Police Station Criminal Department and the office located in Gwangju Southern Police Station located in 9-5, Nam-gu, Nam-gu, Gwangju, Gwangju, as intended, about the thief case; (b) took place as if he was the Defendant’s female student E with fear of being punished due to the thief; (c) signed the statement column of the suspect interrogation protocol; and (d) submitted the above interrogation protocol to the assistant F of the police station, who was aware of the forgery.
Accordingly, the defendant forged the signature of the E, a private signature, and exercised it for the purpose of exercising it.
Summary of Evidence
[Fact 1]
1. Defendant's legal statement;
1. Written statements of D;
1. Ctv image closure photographs (the fact of No. 2 on board);
1. Defendant's legal statement;
1. Application of the police interrogation protocol statutes
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 239 (1) of the Criminal Act, and Article 239 (2) and (1) of the Criminal Act (a point of exercising counterfeited private signature);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The execution of imprisonment shall be suspended in consideration of the following factors: (a) the victim does not want the punishment of the defendant by mutual consent with the victim of larceny for the reason of sentencing under Article 62-2 of the Probation Criminal Act; (b) the amount of larceny damage is relatively small; (c) the whole recognition of the crime and the omission of recidivism; and (d) the Defendant’s age, health, character and conduct, home environment, motive and circumstance of the crime; and (e) the execution of imprisonment in order to prevent recidivism.