However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On June 27, 2019, from around 12:00 to around 16:40 on the same day, the Defendant cut off 69 mountain ginseng of the victim C’s mountain ginseng cultivated in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, by taking advantage of the gaps where the victim’s management was neglected, f9 mountain ginseng 69 on the market price owned by the victim.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. C’s statement;

1. Application of Acts and subordinate statutes to field photographs and CCTV photographs (Investigative Records No. 28);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Persons who are not subject to punishment in the mitigated area (4 months to 10 months) (special mitigation) of types 2 (general larceny) (4 months to 10 months) of general property, the scope of recommending punishment according to the sentencing criteria (the scope of recommending punishment);

2. The defendant, who has been sentenced to a sentence, steals the mountain ginseng up to 69 weeks cultivated by the victim, and the nature of the crime is not good, and the defendant has the ability to be subject to criminal punishment on three occasions by larceny and one occasion by committing a crime of violating the Creation and Management of Forest Resources Act due to the theft from forest products.

However, in light of various sentencing factors in the trial process of this case, such as the defendant's age, character and conduct, intelligence and environment, family relationship, circumstance at the time of crime, etc., the punishment as ordered shall be determined in consideration of the fact that the defendant shows the appearance of recognizing and opposing the defendant's criminal act, the defendant does not want the defendant's punishment, and the victim does not want it.