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(영문) 춘천지방법원 2016.01.14 2015고정354
산림자원의조성및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, without obtaining permission from the competent authorities on November 15, 2014, extracted 30 ghums in the land owned by the E-owned forest managed by D located in the Hongcheon-gun of Gangseowon from around 08:30 on the same day to around 16:00 on the same day, using cumpers, etc.

2. The Defendant, as described in paragraph 1, was 30 ghum trees purchased at KRW 450,00 from the administrator D of the above forest.

In this regard, the Defendant arbitrarily extracted 16 glus in addition to 30 glus from D at the time and place specified in paragraph 1, upon receiving a request from F to 16 glus from F, and arbitrarily extracted 16 glus in the same manner as described in paragraph 1.

Accordingly, the Defendant stolen the produce from forest.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made to the defendant in the protocol of interrogation of the suspect;

1. Application of statutes on police statements made to G, D, and H

1. Article 74 (1) 3, Article 36 (1) (unauthorized felling of standing timber) and Article 73 (1) (the occupation of theft from forest products), and the selection of fines for criminal facts;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant is aged with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, and there are some favorable circumstances such as the confession of each of the instant crimes and his mistake in depth.

On the other hand, even though the defendant had already been punished for the same kind of crime, the defendant has been punished for each of the crimes in this case, and there are some unfavorable circumstances such as the violation of the Forestry Act, the violation of the Management of Mountainous Districts Act, the violation of the Forestry Products Control Act, and the violation of the Forestry Products Control Act.

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