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(영문) 대법원 1983. 3. 8. 선고 83도122 판결

[임산물단속에관한법률위반][집31(1)형,368;공1983.5.1.(703)711]

Main Issues

Whether the act of damaging forest land in several parcels with different owners is a comprehensive crime.

Summary of Judgment

Even if the defendant damaged forests and fields by construction of a road by breaking a lot of forest land in which the owner is different without permission, the act of damaging forests and fields constitutes a blanket crime as long as the act of damaging forests and fields was committed with a single and continuous intention.

[Reference Provisions]

Article 37 of the Criminal Act, Articles 2 and 7 of the Forestry Products Control Act (Abolition)

Escopics

Defendant

upper and high-ranking persons

A co-inspector;

Judgment of the lower court

Cheongju District Court Decision 82No373 delivered on December 10, 1982

Text

The appeal is dismissed.

Reasons

The prosecutor's grounds of appeal are examined.

We examine the judgment of the court below and the court of first instance on the records. The defendant conspired with the defendant at the court below's surface to open a roadway from 1, 200 Dog-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young