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(영문) 대구지방법원 2018.05.31 2016고단5370
특수절도등
Text

Defendant

A and B Imprisonment with prison labor for one year and four months, fines for 2,00,000 won, and Defendant C shall be punished by imprisonment for four months.

Defendant

A. A.

Reasons

Punishment of the crime

[criminal history] Defendant B was sentenced to two years of suspended execution in August, 2016 and the said judgment became final and conclusive on June 9, 2016, for the following reasons: (a) on February 18, 2016, Defendant B was sentenced to two years of suspended execution for the violation of the Special Act on the Prevention of Wils Disease in Changwon District Court.

[Criminal facts]

1. Joint crimes committed by Defendant A and Defendant B

A. Special larceny Defendants: (a) around 02:00 on April 18, 2015, were planted at the victim E-owned forest around 02:0 at the Gyeongbuk-gun, Gyeongbuk-gun, with F, G, H, and I, without knowledge of the fact.

J 10,000,000 won around 10,000 won, which is the victim's market value managed by the J, has been spreaded by grain booming, inserting soil, and digging it out ever, and then has been transported to a dry field managed by C, which is loaded on the cargo vehicles waiting, and has been moved to the field managed by C, which is located in K in Gyeong-gun, Gyeong-gun, Gyeong-gun.

As a result, the Defendants committed a theft of 10 million won of pine trees in total.

(b) Any person who violates the Creation and Management of Forest Resources Act shall obtain permission from the head of a Si/Gun/Gu or the head of a local forest office as prescribed by Ordinance of the Ministry of Information and Communication for felling standing timber or gathering forest products in a forest;

Nevertheless, the Defendants, without obtaining permission to excavate forest products from the number of lurgs, extracted in a manner of extracting rootss, where they were waiting to sell soil by inserting 4-5 persons, such as inserting and erobbbing, etc., by using lurging 4-5 persons from around May 28, 2015.

As a result, the Defendants conspired to excavate forest products without obtaining permission.

(c)

A person who intends to move pine trees produced in an area other than an area prohibited from taking out areas in violation of the Special Act on the Prevention of pine wilt Diseases shall obtain approval seals for the confirmation of production from the head of the forest or the head of the Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Agriculture and Forestry.

Nevertheless, there is a need to do so.

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