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(영문) 대구지방법원 포항지원 2018.07.20 2018고단397
특수절도
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant was the captain of C, D, E, and F, a ship with inside the ship, and G was the crew of the above ship, and G was the owner of the above ship who was on board as a seafarer.

On April 26, 2017, the Defendant and G, F, D, and E combined with the Defendant and G, D, D, and E, and loaded the said vessel in front of the Si-Eup, Gyeong-dong, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si, the market price of which the victim H is located is approximately KRW 28 million, 200,000,000.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspects of E, D, or F by the prosecution;

1. A protocol concerning the examination of each police officer in relation to G;

1. Each police statement made to H, J, and K;

1. Application of Acts and subordinate statutes to criminal investigation reports (related to estimate of damaged articles), investigation reports (Attachment to a list of statements of transactions through large means);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : (a) there is no basic area (6 months to one year and six months) for general property (special larceny) / [decision of sentence] : (b) there is no record of punishment imposed by the defendant for the same kind of crime or any punishment exceeding a fine; (c) there is no record of punishment imposed by the defendant in excess of the fine; (d) the defendant has been detained for three months or more, and the defendant has been remarkably divided into and against the wrong facts; (d) G, the owner of the interest of the accomplice in this case, paid KRW 20 million to the victim; and (e) considering the favorable circumstances in which it appears that the recovery of damage to a certain extent is expected to have been made; and (e) taking into account other factors, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the punishment is determined as per the order.

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