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(영문) 광주고등법원 (제주) 2016.04.27 2016노33
산림자원의조성및관리에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Between the crimes of violation of the Creation and Management of Forest Resources Act in Article 2-1(1) of the judgment of the court below, and between the crimes of violation of the Creation and Management of Forest Resources Act in Article 2-2(2) of the judgment of the court below. One act constitutes a violation of the Creation and Management of Forest Resources Act due to the theft of stolen vehicles from the use of stolen vehicles, and a violation of the Creation and Management of Forest Resources Act due to unauthorized felling of standing timber, and there is a relation of an ordinary concurrent crime as stipulated in Article 40 of the Criminal Act.

It is reasonable to view it.

Nevertheless, the court below has a relation of substantive concurrent crimes with each of the above crimes.

In this case, the judgment of the court below cannot be maintained as it erred by misunderstanding the legal principles on the number of crimes, which affected the conclusion of the judgment.

3. In conclusion, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] Criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, with the exception that the crime No. 14 of the judgment below’s 2 pages 14 of the crime of the crime as stated in the judgment below’s thief as “the theft and the simultaneous theft,” and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 366 of the Criminal Act related to the facts constituting an offense, Article 73 (3) 3 and Article 73 (1) of the Creation and Management of Forest Resources Act (referring to the theft of stolen water transport vehicles) and Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act (referring to the cutting of unauthorized trees);

1. Articles 40 and 50 of the Criminal Act (by around May 17, 2015).

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