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(영문) 광주지방법원 순천지원 2016.08.30 2015고단1104
특수절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant was the head of the Victim E (101 tons) fishing vessel E (101 ton) fishing vessel owned by the Victim (State D)C (Representative D) and F was a seafarer who was on board the said vessel’s engine, with intent to steal the catch caught by the said vessel.

On October 2013, the Defendant reported the network by taking advantage of the gapss that there are no other crew members in the above vessel which is in operation at the sea near the Dong bank, and F, in advance, carried the string of the strings (e.g., the width of 60 cm/ 50 cm) hidden in the fore deck warehouse, and stored approximately KRW 300,000 in the above warehouse in which approximately 300,000 square meters of the catch, such as bottled fish and fries, were concealed in the above warehouse. On November 201 of the same year, the above vessel entered the port of the female water falp mountain port, while the Defendants used the above strings, and carried the said strings into the Grento car owned by the Defendant and carried them in advance.

As a result, the defendant and F stolen the property owned by the victim together.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to H and I;

1. Application of the Acts and subordinate statutes governing evidence photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Determination of a punishment shall be made in consideration of the amount, price, the fact that the defendant has no record of the same offense against the defendant for the reason of sentencing under Article 62 (1) of the Criminal Act, and other conditions of sentencing, such as the age, occupation and environment of the defendant;

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