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(영문) 전주지방법원 정읍지원 2018.08.07 2017고단526
절도등
Text

The punishment of the accused shall be ten months of imprisonment and a fine of five hundred thousand won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. The Defendant is difficult to recognize the fact that the sum of the market price of the relevant pine trees is KRW 2.5 million in light of the following: (a) the victim’s attempt to sell approximately KRW 13 million, including KRW 2gs of damaged pine trees at around the time when the victim D was unable to know the market price of the victim, which was planted in the said dry field, by means of a crepit in around May 23, 2017, where surveillance was neglected; and (b) no objective evidence was submitted regarding the market price of the relevant pine trees.

After cutting down 2 g of pine trees, they were cut off to E-mail in the same Gun where the defendant's address is located.

2. A person who intends to move pine trees produced in an area other than an area prohibited from removing pine trees in violation of the Special Act on the Prevention of pine wilt Diseases shall obtain an approval seal for confirmation of production from the competent authority or obtain a production confirmation mark, as prescribed by the relevant Acts and subordinate statutes.

Appellant moved 2 glus as described in paragraph 1 at the same date, time, place as described in paragraph 1 without obtaining approval seal for confirmation of production from the competent authorities or obtaining production confirmation marks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Investigation report (specific relation to the date of crime);

1. A certificate and a statement of transactions of self-reliance deposits;

1. In full view of the following facts and circumstances acknowledged based on the evidence duly adopted and examined by this Court, the owner of pine trees is D at the time of the occurrence of the instant case, and the Defendant is proven to have committed a theft without reasonable doubt.

(1) F and G purchased pine trees from a clan to which the defendant belongs in the past, and G actually has the right to manage and sell them.

D transferred money that appears to be the purchase price of pine trees to G several times.

F shall have this relationship after G dies.

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