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(영문) 전주지방법원 2013.07.04 2013고합51
산림자원의조성및관리에관한법률위반
Text

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. On March 22, 2012, from around the same month to the 28th day of the same month, the Defendants extracted 20,000,000 won in total of the market price of the injured party’s possession by using the tacks, saws, saws, greens, batteries, batteries, kackers, wire ropes, etc., which were prepared in advance between the injured party’s forest and forest in Jinando-gun, from March 2, 2012 to around the same month, the Defendants transported 1,00,000 won among them to the road and loaded in Fpoter vehicles.

As a result, the Defendants conspired to excavate and steals pine trees, a forest product, in a forest, and used vehicles to transport pine trees, as above.

2. The Defendants also have from March 26, 2012 to the same year.

4. By January 1, 200, from the ridge line between the above paragraphs 1 and the opposite parts of the forest land located in Jinanando-gun, the victim E extracted two gys of pine trees equivalent to the total market value of eight million won, which is the victim E, by the above method.

As a result, the Defendants conspired to excavate 2 glue trees, forest products, and stolen them from forest.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of G, H, and I;

1. Each police statement to J and K;

1. A forest land register, a certified copy of forestry land map, a field photograph of damage, a photo at the scene of crime, a pine tree photograph and estimate;

1. Application of Acts and subordinate statutes on seizure records;

1. The Defendants: pertinent Article on criminal facts and the choice of punishment: Articles 73 (3) 3 and 73 (1) of the Creation and Management of Forest Resources Act, Article 30 of the Criminal Act (the occupation of theft of products using a vehicle), Article 73 (1) of the Creation and Management of Forest Resources Act, Article 30 of the Criminal Act (the occupation of theft of mountain products and the choice of imprisonment)

1. Defendants from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in a violation of the Creation and Management of Forest Resources Act due to the theft of produce from use of heavy vehicles);

1. Defendants on probation: Article 62 of the Criminal Act.

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