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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On June 1, 2014, from 09:00 to 12:40 on the same day, the Defendant came into a private forest managed by the victim D, which is located in Gangseo-gun, Gangwon-do, and used a stick stick (No. 2) for mountain use to carry approximately eight million won at an ordinary level at the 57 ppuri market price of Gyeyang-gu, Busan-do, 57 p.m., which the above victim depthd, and the facts charged in this case at the same time and time indicated in the facts charged in this case as “G”. However, according to the evidence duly adopted and investigated by this court, the forest owned by the Defendant is “E”, and the Defendant is also recognized as a car where a mountain ginseng is stored, and there is a contact between E, G, and C forest.
However, as F makes a statement at the investigative agency to G with the lot number of land owned by him, it appears that the facts charged are also stated in the facts charged, and this is not disadvantageous to the defendant's exercise of his right of defense, so it is corrected without any changes in the indictment
일대 피해자 F 소유 사유림에 들어가 위 피해자가 심어놓은 산양삼 19뿌리 시가 300만 원 상당을 위 등산용 지팡이를 이용하여 캤다.
Accordingly, the Defendant stolen the property owned by others.
Summary of Evidence
1. Partial statement of the defendant;
1. Statements made by witnesses D and F in the second trial records;
1. Photographs related to the theft of mountain ginseng;
1. The police seizure record and the list of seizure;
1. Application of Acts and subordinate statutes to investigation reports (Attachment to the price list of mountain ginseng, place of damage, and full certificate of registered matters in the vicinity thereof);
1. The Defendant asserts that there is no intention of theft, since the pertinent provision of the Criminal Act and Article 329 of the Criminal Act regarding criminal facts are recognized as a natural ginseng for which no owner exists, and that there is no intention of theft.
However, the following circumstances acknowledged by the evidence as seen earlier, i.e., ① Unlike the mountain ginseng naturally inhabited, the size and length of the mountain ginseng are similar to each other, and 76 ppuris or distribution at the forest site depending on the mold.