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(영문) 제주지방법원 2016.05.20 2016고단385
특수절도
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

The Defendants, while working as the crew members of the coastal sea 29 tons of the Victim C's Sungsan Ship, stolen part of the living vessel captured during the operation and concealed the vessel, and then conspired to use the vessel in installments after entering the port.

1. From around 09:19 on December 5, 2015 to around 22:37 of the same month, the Defendants: (a) committed a theft of the victim’s property by combining the Defendants with the Defendant’s property by cutting off the 10 mar 10,000 mar, the market value of which is equivalent to KRW 100,00,000, which was captured in the course of operation, into the mar ice in a fish hold.

2. From around 20:30 on December 12, 2015 to around 23:36 on the 15th day of the same month, the Defendants: (a) committed a theft of the victim’s property by inserting approximately 18 km, the Red Sea 18 g, the market value of which was caught during the operation, in the form of ero 18 g of 594,000, from the time of the capture of the capture, into the ice in the fish hold.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes concerning photographs and access status;

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

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants of the suspended sentence: Six months of imprisonment, respectively, for a suspended sentence under Article 59(1) of the Criminal Act (the fact that the facts of the crime are recognized and reflected, the damage is relatively minor and the stolen stolen article on December 12, 2015 is returned to the victim, the Republic of Korea has no record of criminal punishment in the Republic of Korea, and the crew is staying in Jeju-do after receiving the visa employed by the crew):

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