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(영문) 제주지방법원 2012.10.31 2012고단848
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

At around 02:00 on April 15, 2012, the Defendants came to know that there was no person to the G on the inshore fishing vessel owned by the victim F, who was anchored at a certain port, and Defendant A had sold and sold fish due to a shortage of living cost, and had the proceeds divided by selling them. Defendant D, E, E, and B had the intent to steal the catch by consenting thereto. Defendant D, E, and B had the intent to steal the catch.

At around 02:30 on April 15, 2012, the Defendants, along with D and E, put the lids of the warehouse of a fishing vessel into hand, and then cut off the victim’s property in collaboration with D and E, the sum of 7.50,000 won at the market price of the four boxes of fish, such as the two boxes owned by the said victim, the Red Sea 1 box, and the North Sea 1 box, which were located within the above G, and D, E, E, and Defendant B were waiting to look at the net around the above G, and divided the four boxes of the above catch into two boxes with the said Defendant, and the Defendants divided the two boxes of the victim’s property in collaboration with D and E.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H.F;

1. Application of H’s written Acts and subordinate statutes;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. The Defendants subject to suspended execution: It is so decided as per Disposition in consideration of the following: (a) the amount of damage on the grounds of sentencing under Article 62(1) of the Criminal Act is not significant; (b) the Defendants have agreed smoothly with the victims; (c) the Defendants have already divided their mistakes in depth; and (d)

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