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(영문) 부산지방법원 2016.04.20 2016고단953

특수절도

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendants are foreigners of Indonesia nationality, who work as “F” crew, a fishing vessel of low 70 tons.

The Defendants, at around 20:30 on December 14, 2015, at the wharf of the port of the Republic of Korea located in Busan, Seodo, Busan, he/she stolen a living vessel kept in the growth warehouse of the above fishing vessel and conspired to sell it to the future. On December 14, 2015, at the port of the port of the Republic of Korea, the captain of which is the head of G (44 years old) who is the head of the Gu, and at the port of the port of the Republic of Korea, stolen the growth vessel kept in the growth warehouse of the above fishing vessel, and there is a conspiracy to sell it to the future. At the market price of KRW 200,000,000,000, the market price of which is equivalent to KRW 70,000,00,000,000, the market price of KRW 153 boxes, 15,000,00,00 won.

In advance, it was moved to the transit line which was anchored above the vessel.

As a result, the Defendants conspired to steal the victim H’s property.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect to I or J;

1. Each police statement made to G, K, and H;

1. Application of Acts and subordinate statutes to investigation reports (related to recovery and return of damaged articles);

1. Article 329 of the Criminal Act applicable to the crime and Articles 329 and 30 of the Criminal Act (Optional to the punishment);

1. One million won for each fine to be suspended of sentence;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (the grounds leading to the instant case, each primary offender, each primary offender, the return of damaged goods and the smooth consent between the victim and the victim that the Defendants were not subject to punishment, and all other conditions of sentencing, including the age, sex, environment, etc. of the Defendants, shall be taken into account)