Text
The defendant shall be innocent.
Reasons
1. A summary of the facts charged: (a) around 18:00 on January 30, 2015, the Defendant: (b) cut and stolen a 3,300,000 won of the market price owned by the victim D in order to be used for heating of winter iron in the forest located in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun; and (c) cut and removed the 1.3,00,00
2. Determination
A. The defendant and his defense counsel asserted that, since the defendant had obtained permission from village E, he did not steals trees owned D and did not have any intention to larceny, since he did not steal trees within the forest managed by E.
B. The evidence that seems to correspond to the facts charged in the instant case is the witness D’s statement and the statement to the investigative agency, the written confirmation of the Defendant’s preparation, the damaged mountain and E management mountain maps, the damaged mountain and E management mountain photographs (a.b.), the stolen trees (a.b.), the surrounding photographs (c.), and the investigation reports (a.g., attaching photographs).
C. In full view of each of the above evidence and the witness E’s legal statement, the following facts are recognized:
1) The C Forest land owned D is adjacent to the F Forest land in Chungcheongnam-gun, Yansan-gun, the species of which are managed by E. At the end of the two forest land, the passage of two forests and fields is crossing. D and E are aware of the fact that the boundaries of two forests and fields are not accurately measured, and D may be divided into the age and species of trees, and E is aware of the boundary of ridges or night trees, without distinguishing trees into the age and species of trees, and E is aware of the fact that there is a ridges or night trees from the F Forest land in Chungcheongnam-gun, the Chungcheongnam-gun, the area of which is managed by E. The Gu is located adjacent to the F Forest in Chungcheongnam-gun, the area of the land and fields, the area of which is located, and the area of the forest and fields, the area of which is adjacent to the area of the forest and fields. D around March 2015.
D은 피고인이 자신의 임야에서 나무를 베어가는 것을 보지는 못했고, 임야 관리인인 H의 부인이 피고인이 나무를 베어 가지고 오는 것을 목격하여 피고인에게 통행로 북쪽에 있는 나무 1그루를 벴냐고 물어보니 시인을 하였다고 한다.
D is added to the above forest land together with the defendant.