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(영문) 대구지방법원 포항지원 2016.02.05 2015고단1365
야간선박침입절도
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2015, the Defendant: (a) 19:10 at the long-term port in South-gu, both long-term port area in the south-gu, one of the port ports and port areas, and (b) c (2 tons, coastal self-help fishing) owned by the injured party B at the wharf in front of the port area in front of the port area; and (c) hED work equivalent to KRW 100,000 in the market price owned by the injured party, which was installed in the pole in the front of the port area in front of the port area in front of the port area.

Accordingly, the defendant violated the vessel at night and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records;

1. The photograph of the theft case against a ship at night, the photograph of the thief case against a ship at night, the photograph of the victim A, and the CCTV image of the theft case against a ship at night;

1. A CD in the CCTV case against intrusion by the victim at night;

1. Application of Acts and subordinate statutes to an investigation report (verification of sunset time in the area of a crime-free port), and data from sunset to sunrise in the area of a astronomical space knowledge and information circulation;

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] / [the scope of punishment / [the scope of punishment ] 4 types of theft in general property [the scope of August to June] mitigation area (the punishment / [the person with a special mitigation] / [the decision of sentence] / The crime of this case is deemed to have stolen the victim's property by intrusion on the ship at night by the defendant's time, and its illegality is serious.

However, due to the agreement with the victim, the victim does not want the punishment of the defendant, the amount of damage is not much large amount, the defendant has no record of the same kind of crime, and there is no record of punishment exceeding the fine. The defendant recognizes all of the crimes of this case and reflects it, and other means and results of the crime of this case, such as circumstances after the crime, age, sex, family environment, etc.

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