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Defendants shall be punished by imprisonment for ten months.
However, for two years from the date of confirmation of each judgment against the Defendants.
Reasons
Punishment of the crime
Defendant
A The captain of the D and the defendant B are the former head of the agency.
On May 15, 2013, at the time of port at 09:30 on May 15, 2013, the Defendants discovered a 1 mold of approximately KRW 5 million in the market price managed by the victims E, who were working on the sea at approximately 25 math day in the Man-ri-ri-dong, and brought about the Man-out fishing gear using the Man-ray installed in D.
As a result, the defendants stolen the property managed by the victim together.
Summary of Evidence
1. Each legal statement of witness E and F;
1. Partial statement of witness G;
1. Statement made by the police to G (Article 134);
1. Application of Acts and subordinate statutes to the fishing ledger (DA), the list of crew on board, the details of entry into and departure from ships, the record book (victim E, witness E, witness G), and the details of entry into and departure from
1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Determination as to the defendants and defense counsel's assertion of probation and community service order under Article 62-2 of the Criminal Act
1. The Defendants did not at all commit a theft of H’s navigation gear.
2. In full view of the following circumstances admitted by the evidence duly admitted, the Defendants and the defense counsel’s assertion is difficult to accept.
1. On April 2013, 2013, the victim was at the end of the same month after projecting 6 Red Corresponding in the sea on the 25-math day of the 25th century, and the victim was at the end of the same month without any three frameworks, and the same year.
5. On the 23th of the same month, the 13th of the 25th of the 13th of the same month was projected with the 3-day cambing of the 25th of the same month, and the 1-half of the 3-year cam was lost, and the Do was found to have received the lost cambing book from G.
G, before May 23, 2013 on board D, talked about the loss of the traffic, and the victim was lost from I.