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(영문) 대전지방법원 2014.02.14 2013고정1323
절도등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 2012, the Defendant stolen 15 tons of 30 tons of a dump truck with sump truck 15 tons of soil from the forest owned by the victim D in Sejong-si, by using pokes in the forest and fields owned by the victim D, and then thefted 15 tons of a dump truck with 30 tons of a dump truck, including holding it as F forest and fields.

2. Where anyone who violates the Management of Mountainous Districts Act intends to collect earth and sand in a mountainous district, he/she shall obtain permission from the head of the Si/Gun/Gu.

Nevertheless, the Defendant did not obtain permission of the Sejong City, and around April 2012, the Defendant collected about 15 tons of 15 tons of dump truck by using sckes in Sejong City.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D, G, and E;

1. A certified copy or certified copy of the forestry map;

1. Application of statutes on site photographs;

1. Article 329 of the Criminal Act for criminal facts; Article 53 subparagraph 3 of the Management of Mountainous Districts Act; Article 25 (1) of the Management of Mountainous Districts Act;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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