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(영문) 춘천지방법원 강릉지원 2017.04.13 2016고합24
산림자원의조성및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 3, 2016, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud in the Young-gu District Court Young-gu District Court’s Young-gu branch on August 12, 2016, and the said judgment became final and conclusive.

【Criminal facts】 The Defendant from around August 15, 2015 to the same year

9.2. During the Gyeong-si, Sam-si, the victim D’s market value of 2.3 million won in total, 2.00,000,000 won of pine trees (20 cm in diameter) and 13 glue trees (15 cm in diameter), and transported the above glue, which is an object, to the Gyeong-dong Do Office located on the Gyeong-dong Do Office.

Accordingly, the defendant used the vehicle to steal the product owned by the victim from forest and transport stolens.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the fourth public trial protocol;

1. The first statement made to D with regard to the police;

1. A copy of the register of approval and use of cadastral map, measurement and boundary drawing;

1. Field photographs of damage caused by digging;

1. Investigation report (or relative investigation by third party for viewing);

1. Previous conviction: Determination on a reply to inquiries, such as criminal history, a report on investigation (related to latter concurrent crimes) and his/her defense counsel's assertion

1. The gist of the assertion was that the Defendant did not intend to cut the standing timber as indicated in the judgment (hereinafter “the instant standing timber”).

On the other hand, in the course of digging out the standing timber purchased from G and H (hereinafter referred to as “san”) and digging out the standing timber purchased in accordance with the direction of the former, the latter is believed, and the instant standing timber was engaged in digging out by mistake as the standing timber purchased by the Defendant and did not know whether the instant standing timber was owned by the victim.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the court.

1) The Defendant purchased G and H ground standing timber from E.

At the time, the owner of G was the owner of J and C (the forest land in the judgment, and hereinafter referred to as “the forest in this case”) and the location of each of the above land shall be attached.

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