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(영문) 대구지방법원 상주지원 2016.03.17 2015고합69

특정범죄가중처벌등에관한법률위반(산림)

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 24, 2014 and July 25, 2014, Defendant A extracted part of the bottom of approximately KRW 5 million (40cm in diameter) of the market value of small trees owned by the clan of the head of the Dong, the injured party of the Dong, from D forest land around the Seo-si around July 24, 2014 and around July 25, 2014, Defendant A cut the pine trees by placing them on E1 ton truck with Defendant B.

2. Defendant B, along with Defendant A at the date, time, and place described in paragraph 1, extracted the instant pine trees, as described in paragraph 1, and laid them onto the said truck.

Accordingly, the Defendant, by facilitating Defendant A’s crime as set forth in paragraph (1).

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Statement made by the police in relation to G;

1. Police seizure records;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to each investigation report (No. 3, 12, 30, 31, 33 of the evidence list);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 73(1) of the Creation and Management of Forest Resources Act (or choice of imprisonment);

B. Defendant B: Article 73(1) of the Creation and Management of Forest Resources Act, Article 32(1) of the Criminal Act (the choice of imprisonment)

1. Reduction of punishment (Defendant B) (Article 32(2) and Article 55(1)3 of the Criminal Act

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the grounds for sentencing) is that the crime of this case is not likely to be committed by the Defendants by arbitrarily digging out pine trees owned by others.

In particular, Defendant B has the same criminal records.

However, in light of the fact that the Defendants both recognize and reflect the crimes, the victim does not want the punishment of the Defendants, the Defendant A did not have any record of having been sentenced to the same criminal record and the suspended sentence, and the Defendant B was merely aiding and abetting the crimes, respectively, and the circumstances and circumstances of the Defendants’ age, sexual conduct, environment, and crime.