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(영문) 전주지방법원 군산지원 2020.04.20 2019고단1794
야간선박침입절도
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is the owner and captain of “B” (a tugboat, 60 tons, and sea area).

On August 11, 2019, the Defendant heard that D’s oil was loaded in the above D’ from the captain F of the tugboat “E” (the tugboat, 23 tons, and sea area) to tow the Victim C’s “D” (waste collection line, 207 tons, Incheon shipment) owned by the Victim C.

At around 01:30 on August 13, 2019, the Defendant stolen D’s “D’, as if he did not properly scam because of a reverse tide,” “E,” “In order to steals the instant miter oil,” D’, “In the event of aiding and abetting B,” and “Infusing the victim’s oil pumps installed in advance on deck,” “D’s market price 910,000 won or less of the victim’s market price by using the oil pumps installed in advance on deck,” “B”.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and F;

1. Application of the situation report, documentary evidence and statutes;

1. Article 330 of the Criminal Act applicable to the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the recognition of and reflect on the instant crime, the agreed fact, and the absence of any record of punishment for the same kind of crime);

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