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(영문) 대구지방법원 영덕지원 2020.04.08 2019고단42
야간선박침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 17, 2019, at around 22:07, the Defendant opened the entrance of the steering house and intruded into the steering house, which was not corrected for D (9.77 tons, fishing vessel number E) which was anchored at the front of the wharf of the C Association located at the G Association of Ulsan-gun B, the Defendant: (a) went into the steering house, and (b) cut off, with a cash of 70,000 won, which is the victim’s possession, from the working clothes of the victim F, who was faced with the wall gate at the wall site; and (c) with a stop on the market value, which is contained with a vertical card.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Each report on investigation;

1. Reporting the results of verification of the receipt of G or civil petition reports, inquiry into each ship's entry and departure port system, and verification of CCTV installation location;

1. Application of the Acts and subordinate statutes on photographs and CCTV video CDs;

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. Taking account of the circumstances such as the following: (a) the owner of the D’s ship that the Defendant worked as a seafarer and the victim worked as a seafarer is the same person; (b) usual H and D left the port for the purpose of operation; and (c) at the time of the instant crime, two vessels were at anchor in the port; and (d) at the time of the instant crime, the Defendant is bound to pass through D that was anchored near the land side to the land to go H; and (b) the Defendant is also in the position of possessor of D as to the place where the instant crime was committed; (c) thus, the Defendant is also in the position of possessor of D as to D, which is the place where the instant crime was committed

2. Even if the Defendant entered relatively freely and freely the usual D, it is only permitted to the extent necessary for the operation activities, and entry into the D's steering house at night in order to steal the goods owned by another seafarer, such as the instant crime, into the D's steering house, which had been anchored at night.

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