특정범죄가중처벌등에관한법률위반(산림)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for eight months;
3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Regarding the theft of forest products, there is no fact that the Defendant was involved in the crime by conspiracy with C, etc.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. On January 2, 2014, the Defendant, along with three persons killed in the facts charged, gathered to steal pine trees, and extracted 1 gym (30 m30 m3, 700 m30 m3, 700 m3) equivalent to KRW 6.5 million at the market price of 100 m3,000 m30 m3,000 m30 m30 m30 m30 m30 m30 m30 m30 m30 m30 m30 m30 m30 m30 m30 m30 m30 m30 m3
Accordingly, the Defendant committed a theft of the victim's property in collusion with three infinites C or infinites.
B. The lower court found the Defendant guilty of the facts charged on the grounds of the circumstances indicated in its reasoning.
However, in light of the monetary content of the defendant, the court below acknowledged the criminal facts by deleting "the defendant and the defendant" in the third part of the above charges, on the ground that the defendant could have not been at the site of theft of pine trees of this case.
As a result, there is no question about how the defendant took part in the criminal facts recognized by the court below other than the conspiracy of the crime with C, etc.
C. However, the above determination by the court below is difficult to accept for the following reasons.
In full view of the following circumstances acknowledged by the record, the Defendant conspiredd with C, etc. to steal the relevant pine tree (hereinafter “instant pine tree”) as indicated in the facts charged.
It is insufficient to view that the theft of pine trees from the crime scene has been proven to the extent that there is no reasonable doubt.
Nevertheless, the court below found the defendant guilty of the facts charged, which is the judgment of the court below.