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(영문) 광주지방법원 해남지원 2017.06.15 2016고단514
야간선박침입절도
Text

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

However, the execution of the above sentence 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 22, 2016, around 22:45, the Defendant invaded into B (7.93 tons) mooring at the sea in front of the sea-going water cooperative ice plant in Jindo-gun, Jindo-do, and cut off the victim C’s total market value of KRW 363,00,000, which was kept in the steering house at the steering house, and stolen another’s property by intrusion into the ship at night on seven occasions in total on the same day as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, D, E, F, G, H, and I;

1. Detailed information on each entry into and departure from ports;

1. Photographs of seized goods;

1. Application of Acts and subordinate statutes to investigation reports (including, with respect to the specification of the damaged goods, on-site verification, attaching CCTV images, and attaching data);

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) At each night vessel theft [the scope of punishment recommended] the mitigated area (it shall be from August to June) of the mitigated area (it shall be from August to June) of the larceny in general property;

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment for not less than 8 months to 2 years; and

2. Determination of sentence is not good in that the defendant steals property by intrusion on another person's ship several times, but it is determined as ordered by taking into account the following: the defendant's reflects, the victims, and the fact that the defendant was staying in the Republic of Korea before the instant case and did not commit any particular crime;

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