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(영문) 전주지방법원 군산지원 2014.02.05 2013고단284
특수절도
Text

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

Reasons

Punishment of the crime

At around 00:00 on August 22, 2010, the Defendant, while drinking c and D and other alcoholic beverages, who had been engaged in farming operations to neglect at a certain point, moved to the dynamicly in the Gunsan Si where he was under the influence of drinking water, and came to theft of the coastal multimodal fishing vesselF (2.67t, 250 E) equivalent to the market value of the victim E-owned by which C is a seafarer, and came to capture to each other.

Accordingly, C, at the same time, has brought about the starting keys of the above F, which was placed on the house of the victim E located in Gunsan-si, one of his accommodation in the above F, and the defendant, along with C, instructed C to see the wire line of F, which was anchored at the arrival of B with C, and operated by D to the wharf located in the Geum-dong, 01:00 on the same day after driving the F, while driving it at the seat of the above F.

Accordingly, the defendant stolen the victim's property together with C and D.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding C;

1. Application of each police protocol to H and I;

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

1. Mitigation of discretionary work and taking into account circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the defendant surrenders himself/herself, and the fact that the defendant has no criminal record of the same kind or imprisonment without prison labor

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