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(영문) 광주지방법원 순천지원 2020.06.12 2019고단2659
야간선박침입절도
Text

A defendant shall be punished by imprisonment for four 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 September 12, 2019, around 00:41, the Defendant: (a) intruded into the E (6.67 tons, aquaculture management vessel) vessel managed by the victim D, who was anchored in the vicinity of the C Center in front of the breakwater, as the captain, and carried out 10 kmg of the market price of the victim stored in the air conditioning station, which was not locked on deck.

Accordingly, the defendant violated the vessel at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on internal investigation (with respect to the confirmation of CCTV images that are verified as a thief);

1. Reports on internal investigation (specific description of the thief suspect);

1. Application of Acts and subordinate statutes on thiefys;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons] for violation of general property]: In cases of intrusion upon places, other than indoor residential space, no penalty shall be imposed [the area of recommending punishment and the scope of recommending punishment], special mitigation area, imprisonment from April to June;

3. Determination of sentence: Four months of imprisonment and two years of suspended sentence;

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