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Reasons
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(영문) 춘천지방법원 강릉지원 2012.12.26 2012고정435
절도등
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Defendant shall be punished by a fine of nine million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Larceny;

A. On June 201, 201, the Defendant: (a) extracted 2 girs worth KRW 15 million in the market price of the victim’s possession by using the insertingles, inserting daily allowances, inserting 3 and 4 figures from the child’s mountain owned by the victim D; and (b) cutting off the 2gs of pine trees in excess of 15 million won in the market price of the victim’s possession, and stolen them into the cargo vehicle.

B. The Defendant: (a) around 23:00 on June 15, 201, in a mountain area owned by the Victim F, the Defendant was the victim F, which is located in E at the Gangwon-do, Gangwon-do.

In the same way, 4gs of pine trees were stolen in the market value owned by the victim.

C. On July 10, 201, the Defendant: (a) around 23:30 on July 10, 201, located in G, in the forest owned by the victim H; and (b) the above-mentioned family.

In the same way, the market price owned by the victim was stolen by 2 glus.

2. A person who intends to cut standing timber, mine or gather forest products within a forest violating the Creation and Management of Forest Resources Act, shall obtain permission from the competent authorities, but the defendant extracted eight gys of pine trees as referred to in the above paragraph (1) without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of the prosecution against I, J and K;

1. Each police statement concerning L, F, and D;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 329 of the Criminal Act, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning facts constituting an offense, and the selection of a fine, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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