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(영문) 대전고등법원 (청주) 2013.03.07 2013노12
특정범죄가중처벌등에관한법률위반(산림)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal in the grounds for appeal is examined only to the extent it supplements the grounds for appeal, as described in each written opinion dated February 20, 2013 and each written opinion dated February 25, 2013, submitted by the defense counsel after the deadline for submitting the grounds for appeal.

A. Defendant A’s assertion of mistake of facts by the Defendants had already stolen pine trees and had H and his father removed them from the vehicle without knowing the fact. It was only a way to keep the stolen pine trees from the vehicle.

(Colonel) Even if Defendant A was aware of the theft of pine trees in the event of Defendant A’s burning of H, at least he did not know it until the act of theft of pine trees was completed. Therefore, Defendant A cannot be deemed to have conspiredd with H to commit each of the theft of forest in this case.

In addition, Defendant B, without knowledge of H’s theft of pine trees, only arranged a cargo driver to transport pine trees and his sales place, and did not conspired with H and each forest theft of this case.

Nevertheless, the lower court erred by misapprehending the facts, which found the Defendants as joint principal offenders of each of the forest larceny in this case.

B. The phrase “when Defendant B uses a vehicle to transport stolen water” under Article 9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 73(3)3 of the Creation and Management of Forest Resources Act (hereinafter “the instant provisions”) means the case where a thief of forest products uses a vehicle in the course of transporting stolen water from the forest at the scene of the crime, not all the cases where the thief of forest products uses the vehicle in the course of transporting stolen water from the forest at the scene of the crime, but means the case where the size or volume of the stolen forest products to the extent that the use of the vehicle is inevitable for transporting stolen forest stolen water or where the number of stolen forest products and the transportation of vehicles are closely related.

However, in the case of this case, the size and quantity of stolen pine trees, and the timing of theft.

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