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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 becomes final and conclusive.
Reasons
Punishment of the crime
C was the captain of D, who is a coastal traffic ship, and the defendant, E, and F was the crew of the above ship.
On October 7, 2017, around 18:00, the Defendant, C, E, and F got loaded on the said vessel in the front sea of the Dong-dong, the Plaintiff, C, E, and F followed up about 14 million won of the market price at which H, the owner of the Victim G, was located in the front sea of the Dong-dong, Dong-gun.
Accordingly, the defendant, C, E, and F stolen the victim's property jointly.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by C and F in the first trial record;
1. Statement E in the third public trial records;
1. Each police statement made to G, I, and J;
1. Investigation report (Attachment of a photograph of a line connected to H's pain and B), investigation report (related to the verification of a stolen circulation of the damaged article), investigation report (related to the estimation of the damaged article), investigation report (Attachment of K, D, L's owner and list of crew), investigation report (Attachment of a record, etc.), investigation report (D port analysis); and investigation report (D port analysis);
1. The Defendant asserts to the effect that the Defendant did not have any intention to larceny because he was aware of the fact that the duplicate was owned by the victim, even though he was aware of the fact that he was aware of the fact that the duplicate was owned by the victim. The Defendant did not have any intention to larceny.
However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the Defendant appears to have been well aware of the characteristics of D’s pain and tag since she worked in two months or D, ② However, H’s pains can easily be seen that white, yellow, yellow, yellow, yellow, and blue coloring is mixed with the negative and blue, and there is a unique sign different from that of other fishing vessels at the time of committing the crime. As such, the Defendant does not have the pain of D at the time of committing the crime.