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(영문) 대구지방법원 포항지원 2018.04.18 2017고단1535
특수절도등
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Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the actual owner and captain of the E(11 ton) fishing vessel in the inshore fest of the south-gu, the Nam-gu, and the defendant B is the seafarer boarding the said fishing vessel.

1. From May 27, 2017, at around 17:30 on May 27, 2017, Defendants of special larceny: (a) instructed Defendant A, who was on board the said fishing vessel, to leave the said fishing vessel, and moved to a fishing place near the 10-nautical miles of the J-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-s.

Accordingly, the Defendants stolen the victims' property jointly with F, G, and H.

2. No person who violates the Marine Environment Management Act shall discharge wastes from ships into the sea;

Nevertheless, in collusion with F, G, and H, the Defendants took the pains of the victims who stolen by the method referred to in paragraph (1) of the above paragraph, and dumped into the sea in the knife of F, G, and H, with two colors (two colors, large trees, PVC tent, one flag, and one mold).

Accordingly, the Defendants, in collusion with F, G, and H, discharged wastes into the sea.

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. A protocol concerning the examination of suspect of the prosecution against H and F;

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

1. A protocol of seizure and a list of seizure;

1. J vessel inquiry report, E vessel inquiry report, EV-PAS port register, L vessel inquiry report;

1. A internal investigation report (the location of the damaged fishing gear and the suspected vessel E-port site), E traffic theft resistance, investigation report (the verification of seized fishing account books), and investigation report (the method of operation).

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