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(영문) 부산지방법원 2013.10.31 2013고단3954
특수절도
Text

A defendant shall be punished by imprisonment for 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

The Defendant is the owner of a transit ship B (7.31 ton), and C is the head of a vessel E (200 tons) owned by the Victim D Co., Ltd.

On April 17, 2013, at around 21:41, 2013, the Defendant respondeded to C by proposing C to steals, who received telephone calls from the front wing horse near the G wharf, which is located in the Seo-gu Busan, Seo-gu.

Therefore, the Defendant and C enter the instant G wharf at around 22:00 on the same day, and C opened a valve of an oil tank in the engine room to flow through an oil tank connected thereto, and the Defendant divided it into five 20 liter oil tank.

As a result, the Defendant, together with C, stolen 100 liters via the market price of 165,100 won owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police suspect interrogation protocol against the defendant and C;

1. The police statement of H;

1. A written statement;

1. Police seizure records;

1. Each copy of a fishing permit, vessel nationality certificate, and crew list; and

1. Application of Acts and subordinate statutes to photographs on crime scene;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the defendant has no record of punishment heavier than a fine, in addition to a fine, and the degree of damage in this case is relatively minor. Taking into account all the circumstances, such as the circumstances leading to the crime in this case, the means, methods, and the degree of profit);

1. Article 62 (1) of the Criminal Act (see Reasons for discretionary mitigation);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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