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(영문) 수원지방법원 안양지원 2018.01.16 2017고단1786
절도등
Text

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

Reasons

Punishment of the crime

1. On July 18, 2017, the Defendant cut off 30,000,000 won of the market price where the victim E puts for business operations at the 'D 1st floor of Syan-gu Syan-gu Synan-gu, Synyang-si, Synyang-si, Synyang-si, Synyang-si, 201. On July 18, 2017, the Defendant was asked to appear at the police station criminal and F office for the commission of the crime described in paragraph 1. On August 13: 10, 2017, the Defendant was present at the police station criminal and F office, and was asked to present an identification card to verify his/her identity, and the Defendant was able to act as if he/she was his/her child’s child, and presented his/her license to drive a motor vehicle of H “H” as his/her own identification mark.

Accordingly, the defendant denied his driver's license in the name of H, an official document.

3. The Defendant, at the time and place specified in Paragraph 2, was investigated by the suspect with the theft case, and at the same time and place, was stated as “H” in each sex column of the suspect interrogation protocol and investigation process confirmation, voluntary submission, renunciation of ownership, and seizure protocol prepared by the police officer, and went to the police officer in charge of not knowing such fact, and exercised it.

Accordingly, the defendant has forged and exercised his signature respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A damage statement of E;

1. Application of Acts and subordinate statutes to photograph ctv images to close a ctv video, to examine a suspect (fuse report under H), and to report an investigation (fuse report of H's driver's license granted by the person under suspicion)

1. Relevant Article 329 of the Criminal Act concerning the crime, the choice of punishment (a point of intention, a choice of imprisonment), Article 230 of the Criminal Act (a point of non-exercise of official document, a choice of imprisonment), Article 239 (1) of the Criminal Act (a point of private signature) and Article 239 (2) and (1) of the Criminal Act (a point of exercising the above signature)

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations in the sentencing guidelines] - Illegal uttering of official documents - Illegal uttering of official documents, etc.

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