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Defendants shall be punished by imprisonment for not less than two years and six months.
However, as to the Defendants for three years from the date of the final judgment of this case, the Defendants are above.
Reasons
Punishment of the crime
1. On March 15, 2013, the Defendants’ co-principaled Defendants came to the North-gu E forest in the port, north-gu, Dong-gu, where D owned on March 15, 2013, with a view to thefting five (5) pine trees equivalent to the originating price of KRW 54,66,00,00, which was planted in the said forest. The Defendants prepared in advance and started extraction work using an excavating machine, etc., and then cut off three (3) pine trees from among them by cutting up to roots, and attempted to cut off the remaining two (2) parts, which were known to the F of the said clan that discovered it.
As a result, the Defendants conspired to steals or attempted to steal forest products with an origin price of at least ten million won.
2. Although Defendant A reported to the head of a Si/Gun/Gu on the mountainous district of a forest that is not a state-owned forest, in order to prepare a working space for the excavated season without filing a temporary report on the temporary diversion of a mountainous district, the Defendant made a work of cutting trees of 15,570 square meters of the above forest land and temporarily converted the mountainous district into a mountainous district in order to prepare a working space for the excavated season without reporting the temporary diversion of a mountainous district.
Summary of Evidence
1. The statement in the first protocol of the trial that the Defendants had been engaged in mining of pine trees as stated in the ruling at the time and place, and each of the defendants' respective statements in court;
1. The police statement concerning F;
1. G’s statement among the protocol of interrogation of the police officer against Defendant A
1. The actual condition survey report;
1. As to the amount of damage, an investigation report (as to the amount of damage)
1. Application of each statute on photographs;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 9(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 73(2) and (1) of the Creation and Management of Forest Resources Act, Article 30 of the Criminal Act (as a whole, referring to the reduction of forest products whose place of origin is at least ten million won), Article 55 Subparag. 2 of the Mountainous Districts Management Act, and Article 15-2(2)7 of the Mountainous Districts Management Act.