(영문) 제주지방법원 2013.09.27 2013고정698

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(영문) 제주지방법원 2013.09.27 2013고정698

절도

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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 14:19 on March 8, 2013, the Defendant cut off trees of KRW 1,50,000 in total amount of KRW 1,30,000,00,000 from the land owned by Macker in Jeju-si, by using a sckele sckes in which there is no victim and thereby cutting down the trees of KRW 1,50,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution concerning D;

1. Relevant photographs, investigative reports (as regards the computation of the amount of damage), application of investigation reports, and application of Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 329 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: A punishment is determined as ordered by considering all the following circumstances as the reasons for sentencing in Article 334(1) of the Criminal Procedure Act: A favorable normal situation: The fact that the facts of the crime are recognized and reflected, the damage is recovered (definitely moving the trees to the place where they were planted originally), and some of the circumstances are to be taken into account in the course of the crime (only the fact that there was dolusent perception about the ownership relationship of trees), and the fact that the ownership of trees was transferred to the victim after the completion of the land and the ownership of land was transferred to the victim, while there was no proper awareness that the ownership of trees was transferred to the victim, the consent of E was sought and the name of the crime is called for; the victim was sentenced to a fine (500,000) due to intimidation against the mother-child F of the victim, assault of the victim in 2010. Other reasons are determined as follows: motive for the crime, relationship between the victim and the previous criminal record of the defendant, etc.

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