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(영문) 청주지방법원 제천지원 2013.09.13 2013고합22
특정범죄가중처벌등에관한법률위반(산림)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant, together with C, D, E, F, G, H, I, J, was willing to steals pine trees planted in forests.

At around 18:00 on March 2, 201, the Defendant, together with C, D, E, F, G, and J, laid down a saw tree owned by the victim using a saw, cell, celebru, celebru, etc. in advance in the door mountain of the victim M. managed by L, using a saw, cell, celebru, celebru, etc.

At around 03:00 on March 8, 201, the Defendant, together with C, D, E, F, G, H, and I, excavated in the above marsan by the same method, and cut off the 1g of another pine tree owned by the victim in the same manner. On March 2, 2011, the Defendant went back to the bottom of mountain, together with 1g of pine trees cut up around March 2, 201.

Afterwards, the defendant et al. used N5 tons of N5 tons and 1 ton of H's O O, which I prepared, loaded one of the two g of the tree 2 ton, and one ton of the cargo prepared by Eul, with the remainder of one g of the cargo.

Accordingly, in collusion with C, D, E, F, G, H, I, and J, the Defendant stolen the products owned by the victim from forests by using vehicles for the transport of stolen goods at night.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each prosecutor's office concerning C, G, H, and P;

1. Statement of the police concerning L;

1. Correspondence;

1. Application of Acts and subordinate statutes to field photographs, photographs, and estimates;

1. Article 9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 73 (1), (3) 3 and 5 of the Creation and Management of Forest Resources Act, and Article 30 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. The scope of recommendations for sentencing guidelines [decision of types] shall be limited to larceny, larceny of special property, and mitigation factors of Type 2 (Special Sentencing) (Special Sentencing).

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