logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2015.02.04 2014고단1011
소나무재선충병방제특별법위반등
Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Where any person who has violated the Special Act on the Prevention of pine wilt Diseases intends to move pine trees produced in an area other than an area prohibited from removal, he/she shall obtain approval seal for confirmation of production from the competent authority or obtain a production confirmation mark;

Nevertheless, around December 5, 2013, the Defendant taken three parcels of pine trees out of C, which were purchased from C, even though the competent authority obtained approval seal for confirmation of production or did not obtain production confirmation marks.

2. The Defendant, at the time and place specified in paragraph 1, exercised the seal of a forged public office by affixing a stamp of approval seal (in diameter 2.6 cm) which was kept in custody with D, as described in paragraph 1, to three weeks of pine trees, as indicated in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Seizure record, seized Articles and photographs, etc.;

1. Investigation report (specific date and time of committing crimes A by a suspect);

1. The date on which pine trees are removed;

1. Land for removal of pine trees;

1. Application of Acts and subordinate statutes on ledger of approval seal use;

1. Article 238 (2) and (1) of the Criminal Act (a point of a forgedly recognized exercise), Article 17 (3) and Article 10-2 (1) of the Special Act on the Prevention of pine wilt Diseases (a point of moving pine trees that are not issued with the production confirmation mark) of the relevant Act on the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized his mistake and repented, the necessity to prevent the use of forged official seal, the violation of the legislative purpose to prevent pine wilt, the age, character and conduct of the defendant, and the defendant's age.

arrow