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(영문) 춘천지방법원 2015.09.25 2014고합72
특정범죄가중처벌등에관한법률위반(산림)
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months;

2. Of the facts charged in this case against Defendant A, the victim F is owned.

Reasons

On December 13, 2013, Defendant A was sentenced to imprisonment with prison labor for special larceny, etc. at the Cheongju District Court on December 13, 2013, and the judgment became final and conclusive on December 21, 2013, and on October 17, 2014, Defendant A was sentenced to six months of imprisonment with prison labor for fraud in the same court on October 25, 2014.

Punishment of the crime

Defendant

A, from November 201 to December 201 of the same year, from the 1,345 square meters of Gangwon-do G forest G 1,345 square meters of Gangwon-do, to the end of the same year, A extracted and removed 8 glus of pine trees owned by the State, which were born within the 36cm-level landscape landscape, 1glus of pine trees for 36cm-based landscaping, etc.

Accordingly, the defendant stolen the produce from forest.

Summary of Evidence

1. Each legal statement of witness B, H and I;

1. Statement to J police officers;

1. The actual state of illegal extraction of pine trees, such as the K Highway construction site, each photograph, the details of damage from private forests, the details of the damage from state forests, the known state forests, the degree of damage from state forests, the certified copies of each forestry map, the respective forest land register, the field photograph, the photograph (the photograph of pine trees that are extracted from state forests), and the investigation report (the details of the confirmation

1. Determination as to the assertion of Defendant A and his/her defense counsel regarding the protocol of seizure (propeachment, etc.) and the investigation report (Attachment of photographs at the seizure site

1. On September 22, 2011, Defendant A and his defense counsel’s assertion did not extract pine trees from G forest land as well as from G forest land 16,393 square meters (hereinafter “G forest”) after he/she waived his/her right to extract pine trees in 17,889 square meters (hereinafter “L forest”).

2. In light of the following circumstances acknowledged by the evidence revealed earlier, it can be recognized that Defendant A extracted pine trees from G forest as stated in the judgment without obtaining permission for extraction.

(1) Part of the L forest land shall be included in the road zone at the M work site, but not including any part thereof.

From among L forest land, F, the owner of L forest land, who is a self-employed tree 300 glus that grow in part included in the road zone, shall be the non-indicted N.

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