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(영문) 대전지방법원 논산지원 2016.07.15 2016고단244
산림자원의조성및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had a mind to steal trees, which are fuels of a chemical boiler, in neighboring mountain.

1. From January 10, 2016 to 15:00 on January 10, 2016, the Defendant cut the 14gs of 14gs, which are the forests managed by the victim B, from Y C, which are the forests managed by the victim B. The Defendant’s wife D (a disposition of suspending indictment on the same day) cut the 15gs of 14gs of 1,000 won at the market price, which is managed by the damaged person, by loading the blag in a light.

2. On January 17, 2016, between 13:00 and 15:00, the Defendant attempted to steal 9,150,000 won and 7 g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes explaining site photographs;

1. Relevant Article 73(1) (the occupation of theft of products) of the Creation and Management of Forest Resources Act concerning facts constituting an offense, and Articles 73(2) and 73(1) (the occupation of theft of products) of the Creation and Management of Forest Resources Act, and the choice of imprisonment with labor, respectively;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment] for general property / [one month to six months] for the area of special mitigation (the theft of things, etc. left alone] / [a person with a special mitigation] : January to six months [the decision of sentence] is against the defendant's wrong and the first offender is against the defendant's wrong, the defendant's age, environment, background of the crime, circumstances after the crime, etc., and all the sentencing conditions shown in the arguments of this case are considered.

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