Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 00:00 on August 22, 2010, the Defendant, while drinking alcoholic beverages in the above B, was fluencing with seafarers C and D, who had been engaged in a negligent farming work in the vicinity of the landing site B in the Gun, was flucing the ship in the Gunsan City. On the method, the Defendant conspiredd to steal the method by stealing the victim E-owned market value of which the Defendant is the crew member, with the amount of KRW 5,00,000 (2.67 tons, 250 ma), which is the victim E-owned market value of which the Defendant belongs.
Accordingly, the defendant, at the same time, went to the house of the victim in Gunsan-si, Gunsan-si, who is one of his accommodation, and brought about the above F F's starting key on the bend of the ward, and the F's wire line at the bend of B along with C and D, was on board with the wire line at the bend of B.
The defendant and C continuously directed the way by viewing the light, and D drives the starting of the above F, while operating it to the wharf in 01:00 on the same day.
Accordingly, the Defendant, together with C and D, stolen the property owned by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of suspect C by the prosecution;
1. Application of the police protocol of statement to E and I;
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;
1. The suspended sentence under Article 62(1) of the Criminal Act includes the conditions of sentencing unfavorable to the defendant, including the fact that there is a criminal record of larceny in the same kind of sentencing as the reasons for the suspended sentence, the fact that the defendant is committed at the time and commits a crime, the fact that stolen goods were returned to the victim, and the victim was not subject to the punishment of the defendant, etc., the conditions of sentencing favorable to the defendant, and other various conditions of sentencing as shown in the pleadings, such as the defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after