However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

No person shall steals produce from a forest.

Nevertheless, at around 07:00 on September 18, 2018, the Defendants collected mushrooms amounting to KRW 1,596,801 in the market price, such as 1,59,801, which is a forest product that is a forest product that grow in nearby state forests, from Gangwon Yangyang-gun C, and then carried the said mushrooms into E-cargo owned by the Defendant.

As a result, the Defendants conspired to steal forest products and used vehicles to transport the stolen forest products.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence Nos. 7, 8, 11);

1. Article 73 (3) 3 and (1) of the Creation and Management of Forest Resources Act concerning facts constituting an offense, and Article 30 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following consideration shall be made again for the reason for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of each community service order;

1. Scope of applicable sentences under Acts: Six months to five years of imprisonment; and

2. The scope of recommending punishment according to the sentencing guidelines [decision of types]; thief for general property] and there is no general larceny [type 2] (the scope of recommending area and recommending punishment] (the scope of recommending punishment]; and 6 months through one year and six months;

3. The Defendants jointly stolen mushroom, and the amount and value of the stolen mushroom is not much specified.

This is disadvantageous to the Defendants.

However, the Defendants recognized all the crimes of this case and did not have any record of punishment for the same kind of crime.

After the crime of this case was fully confiscated, and the remaining mushrooms except 1.13kg, discarded, were sold to the National Treasury, and the value of which was reverted to the National Treasury.

These circumstances are considered as favorable to the Defendants.