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(영문) 인천지방법원 2018.10.05 2018고단5515
산림자원의조성및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall damage or withering roadside trees without justifiable grounds.

Nevertheless, on May 2018, the Defendant: (a) laid off the trees from 6gs of bank trees planted in the roadside trees in the middle-gu Incheon, Jung-gu from May 2018, on the ground that there was a big fall from the floor before the D industrial company of Defendant’s operation in Jung-gu, Incheon; (b) carried several joints of the above 6gs of street trees (in diameter 2 cm, depth 10cm) to the above 6gs of street trees (in diameter 2 cm, depth 10cm) and damaged or blighted the above 6gs of street trees by inserting the 10gs of new water in the front hole.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Chapter XIII Acts and subordinate statutes to site photographs;

1. Article 74 (2) 4 of the Creation and Management of Forest Resources Act and Article 74 (2) of the Creation and Management of Forest Resources Act, the selection of punishment for a crime;

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

1. The number of street trees damaged by the defendant for the reason of sentencing in Article 62(1) of the suspended sentence of the Criminal Act is six percent of bank trees whose receipt is considerably old, and it is presumed that it will be required to be two million won in planting again, and the nature of the crime is not somewhat weak.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

It seems that the defendant paid 2,300,000 won, which is part of the damaged person's charges.

The defendant seems to have been receiving medical treatment at a hospital due to mental disorder of class 3, depression, etc.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.

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