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(영문) 전주지방법원 군산지원 2015.04.17 2015고단18

특수절도

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:00 on August 22, 2010, the Defendant, along with C and D, who had been engaged in farming operations to neglect in the above B, shall be deemed to go to the Si of Gun, where he was under drinking together with C and D, and on the method, “victim H” as stated in the victim E indictment to which D belongs as a seafarer, shall be corrected ex officio, since it appears to be a clerical error.

The author conspireds to steals the F of the Coastal Multimodal Fishing Vessel F (2.67 tons, 250ma) in an amount equivalent to KRW 55 million at the market price.

Accordingly, D, at the same time, Gunsan-si's house located in G, Gunsan-si, his accommodation, brought about the above F's starting chains on the bend of the living room, and the Defendant and C, together with C, got on board with the wire ropes of F who was anchored at the bend of the bend of the bend of the bend.

D and C continued to see the light, and the Defendant walked the F's vision and operated the F to the wharf at the Simsan-si, 01:00 on the same day.

Accordingly, the defendant stolen the property owned by the victim in collaboration with D and C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against D or C;

1. Application of Acts and subordinate statutes on police statements made to E and I;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the amount of damage on the grounds of sentencing under Article 62(1) of the Criminal Act is not a large amount of damage on the grounds of sentencing under Article 62(1) of the suspended sentence, the sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the defendant's attempt to commit a crime and commits a mistake; (b) the self-denunciation was voluntarily surrendered; (c) the stolen goods were returned to the victim; and (d) the victim and the victim agreed smoothly with each other;