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(영문) 제주지방법원 2007.3.20.선고 2006고단1426 판결
,1502(병합)제주특별자치도설치및국제자유도시·조성을위한특별법위반
Cases

206 Highest 1426, 1502(Joint) Jeju Special Self-Governing Province and Free International City

Violation of the Special Act on Formation

Defendant

000 (00000-00000), Duty-free,

Housing Jeju 000 000-0

00 000 0000 0000

Prosecutor

100

Defense Counsel

Attorney 000

Imposition of Judgment

on March 20, 2007

Text

A defendant shall be punished by imprisonment for not less than eight months.

Jeju District Prosecutors' Office No. 1,020 (No. 410 of the pressure of Jeju District Prosecutors' Office No. 2006), about 3 tons of natural stone (No. 410) seized

District Prosecutors' Office (No. 662) shall be confiscated in 206.

Reasons

Criminal facts

Defendant without obtaining permission from the Governor of Jeju Special Self-Governing Province.

1. In collusion with Nonindicted 000 and 000:

On July 11, 2006, the defendant's house located at Jeju-si,000, 000, the above 000 purchased and requested the defendant to purchase the Jeju-do natural seat necessary for the gardening work. The defendant consented to the purchase of the Jeju-do natural seat at Jeju-si, 000, around 15:00 on July 18, 200, the defendant purchased the Jeju-do natural seat 1,020 on the Jeju-do natural seat, which was designated and publicly notified as conservation resources of Jeju-do, which is in custody at the livestock shed, and the above 00, who is a cargo driver at around 16:00 on the same day, loaded the above natural seat on the cargo operated by the person, and let the above 00, who is a cargo driver at around 6:00, loaded the above natural seat at the Jeju-do local cargo, and tried to enter the Jeju-do local cargo at least 00,000 on the port of the same month, but did not enter it into the Incheon-do.

2. At around 22:00 on November 1, 2006, Jeju Special Self-Governing Province, which was designated and publicly notified as preservation resources of Jeju Special Self-Governing Province located in the Defendant’s residence, transported Jeju natural seat 80 points on the land and loaded the cargo for sale purposes. At around 16:00 on November 1, 200, around 16:0 of the same month, at around 16:00, the aforementioned cargo vehicle was loaded to the police officer, who attempted to take the cargo out of Jeju Special Self-Governing Province, and was trying to take out the cargo vehicle, which is a regular passenger ship entering the port of Busan, which enters the port of port of port of port of port of port of port of port

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. A protocol concerning the examination of each police suspect against 00,000;

1. Statement of each police statement on 000,000;

1. Statement of seizure of each police;

Application of Statutes

1. Article applicable to criminal facts;

The facts of No. 1: Articles 360(1), 358(4), and 296(5) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; Article 30 of the Criminal Act (Appointment of Imprisonment)

Facts No. 2 : Articles 360(1), 358(4), and 296(5) of the Act (Appointment of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

In light of the fact that the Defendant had been sentenced to five million won for the same kind of crime on February 7, 2006, before each of the instant crimes was committed on February 7, 2006 (see criminal records), and that the Defendant repeatedly committed the same kind of crime within several months thereafter, the nature and circumstances of the relevant crime are very good. If the act of taking Jeju nature like the instant crime continues to exist, Jeju-do will lose its unique natural characteristics, and the loss therefrom will ultimately be borne by both Korea and future generations. Although the instant crime was committed against the attempted crime, the method of taking the crime was professional and planned, the size of taking the crime was not small, the Defendant’s repeated criminal records, and the impact of the same kind of crime on the natural environment, etc., the sentence shall be determined as the order of punishment is reasonable.

Judges

00

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