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(영문) 수원지방법원 안산지원 2018.07.16 2018고정64
절도
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is the head of the fishing village fraternity B, C is the engineer of the fishing village fraternity B, and D is the secretary of the fishing village fraternity B.

On March 30, 2017, the Defendant: (a) had the victim G around the coast of F Hospital: (b) had the victim G stolen nine anchorers, which are the fishing gear equivalent to KRW 2,00,000,000 at the market price near the coast of F Hospital; (c) had the stringer operated with C and D, which he knows, carried the string to the land; (d) had the stringer moved to the land, and (e) had the stringer moved to the string cargo onto the land, and (e) had the 2nd unit loaded the victim’s property in the aggregate amount of KRW 10,00,000 at the market price by carrying the cargo onto the cargo vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness H and G respective legal statements;

1. Requests, etc. for cooperation in taking measures to move an anchor on the I sandbar;

1. Determination on the assertion of the defendant and his/her defense counsel, such as field CCTV photographs

1. There is no intention to acquire illegal intent because the anchor of this case was disposed of because it was not found despite efforts to find the owner of the anchor of this case upon request to remove the anchor of this case from the time of argument.

2. In full view of the following circumstances revealed by the evidence adopted and examined by this court, the Defendant is recognized as willful misconduct and illegal intent at least for theft.

Therefore, the above argument cannot be accepted.

① The Defendant, as a fishing village fraternity, obtained cooperation cooperation from the owners of the B fishing village fraternity to voluntarily remove anchors, etc. set up around I as a fishing village fraternity, and there is no authority to remove anchors, etc. ② The Defendant has made efforts to identify the owners of anchors set up in the coast through meetings, etc., which are members of the B fishing village fraternity. However, the Defendant did not contact the victims at the above meeting. On the other hand, the name of the owner of the vessel was indicated in the anchor, and the victim owned “J” at the anchor of this case.

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