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(영문) 춘천지방법원 속초지원 2013.05.09 2012고합87
특정범죄가중처벌등에관한법률위반(산림)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[2012, aggregate 87] A person who intends to thin standing timber in a forest shall obtain permission from the competent authority.

Nevertheless, on February 2012, the Defendant, in collusion with C, cut 115 pine trees equivalent to the total value of KRW 1,568,600 out of the country of origin from the above E E, which was outside the permitted area, and extracted 20 pine trees equivalent to the total value of KRW 280,000 in collusion with F on February 2, 2012, in collusion with F on February 1, 2012.

[2013Gohap14] The Defendant did not obtain a driver’s license, and operated Gone Star Co., Ltd in the 1km section from April 6, 2013 to 16:00 the same day from the front day of the wharf of the sandbar located in the central road of Seocho-si, Seocho-si to the front day of the steel plate located in the same Si/Gu.

Summary of Evidence

[2012Gohap87]

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. The police statement of H;

1. An investigation report (Methods for calculating the originating value of damaged standing timber), an investigation report, the details of the investigation of illegally extracted pine trees, and an investigation report on calculating the originating price of forest products;

1. On-site photographs and a survey report on actual conditions (2013, mass 14);

1. Defendant's legal statement;

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

1. Article 9 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act, Article 30 of the Criminal Act [the point of joint crime withC], Articles 74 (1) 3 and 36 (1) of the Creation and Management of Forest Resources Act, Article 30 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 152 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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