A defendant shall be punished by imprisonment for not less than eight 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.

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on October 25, 2013 to a crime of invalidation of an indication in the line of duty at the Jung-gu District Court on October 25, 2013, and the said judgment became final and conclusive on November 20, 2015.

[Criminal facts] [2015 Highest 2567]

1. The Defendant, who operates a landscape company D in Yangju-si, is a person who operates a landscape company D in Yangyang-si, and, on January 1, 2015, receives daily allowances from G, H, I, J, K, and L for the purpose of cutting off spaw trees planted therein from the forest land of victim F in Yangyang-gu, Yangyang-gu, Yangyang-gu, Seoul on January 1, 2015.

By taking measures to bring the victims, the market value of 9 million won, which is the victim's ownership, was stolen of KRW 45 million.

2. On April 5, 2015, the Defendant: (a) directed M, N, andO to steal spack trees planted therein from the victim F forest land set forth in paragraph (1) around 08:0 on April 5, 2015; and (b) let them do so.

By taking measures to bring 1,60,000 won, the market value of the victim-owned trees was stolen.

[2015 Highest 3026]

3. On June 2015, the Defendant: (a) stolen the victim’s dry field of the Victim Q Q, which was planted in Seosan-si P, from approximately seven years old, equivalent to KRW 5 million in the market value of the victim’s ownership; and (b) 16 share 16 share from the truck.

Summary of Evidence

[2015 Highest 2567]

1. Statement by the defendant in court;

1. A written protocol concerning the examination of suspect of the police against M;

1. Each police statement made to F and G;

1. A tree trading contract;

1. On-site photographs;

1. Previous convictions in judgment: A copy of a reply to inquiry, such as criminal history, and a copy of the judgment (2015 order, 3026);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the police statement protocol to Q Q

1. Article 329 of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is repeated and the amount of damage is not much.