logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2018.02.01 2017고단1502
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was the captain of C, who was a coastal traffic ship, and D was the captain of the above ship, and E, F, and G were the crew of the above ship.

On April 26, 2017, the Defendant, D, E, F, and G: (a) around 19:00 on April 26, 2017, the Defendant and D, E, F, and G got loaded on the vessel by lifting up about 28 million won of the market price at which I, the ownership of the Victim H, is located.

Accordingly, the defendant stolen the victim's property together with D, E, F, and G.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against F and G;

1. Application of Acts and subordinate statutes to a copy of each police statement made to H and J;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommending punishment] mitigated area (4 to 10 months) for general property / [the person who has been specially mitigated] [the decision of sentencing] is not subject to punishment (the decision of sentencing] for the defendant to make a confession of the facts charged in the instant case; the victim does not want the punishment of the defendant; the defendant does not want to be punished; the defendant does not have any particular criminal conviction other than the fine; and the defendant's age, environment, sex behavior, motive for committing the crime, circumstances after committing the crime, etc., all of the circumstances constituting the sentencing conditions specified in the pleadings in the instant case shall be determined as per the disposition.

arrow