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(영문) 부산지방법원 2014.07.23 2013고단8268
절도미수등
Text

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 October 25, 2013, around 14:06, the Defendant: (a) received property from the victim D (E) of the victim D in Busan Jung-gu, Busan; (b) opened an entrance by means of theft; and (c) invaded into the said establishment; (d) looked at the surrounding area of the said establishment; (b) discovered the property to be stolen; (c) discovered the property to be stolen; and (d) discovered the property to his/her employees, such as taking the Kabter’s seat, and then attempted to commit such theft.

2. On October 25, 2013, at the same place as the preceding paragraph, the Defendant: (a) arrested a flagrant offender committing an attempted larceny, etc. at the same time as mentioned above; (b) had the mind that his previous offense would have been revealed; (c) had the intent to engage in the act as if he were F; (d) around 14:45 on the same day, the Defendant forged another’s signature with the intent to enter “F” in the “F” column for confirmation of the letter of arrest of a flagrant offender, while driving the act as F at the Busan Central Police Station at the Busan Central Police Station G located in Jung-gu, Busan.

3. The Defendant exercised a forged signature by submitting a written confirmation of the arrest of flagrant offenders bearing forged signatures to I, who are aware of the forgery at the same time and at a place as in paragraph (2) of the above Article, as seen above, to I of the Busan Central Police Station.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written confirmation of the F name;

1. Application of Acts and subordinate statutes to photographs of CCTV recording data;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the penalty, Articles 342 and 329 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, which prescribes the applicable provisions concerning the punishment, the choice of punishment (the occupation of a structure intrusion, the choice of imprisonment), Article 342 and 329 of

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 reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act is that the defendant confessions, and that the theft is attempted is the reason for sentencing favorable to the defendant.

However, the defendant.

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