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(영문) 광주지방법원 해남지원 2020.05.07 2019고단517

산림보호법위반

Text

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

No one shall by negligence cause danger to the public by burning another person's forest or by burning his/her own forest.

On August 9, 2019, the Defendant, at around 11:00, 11:00, had been able to fluorize the remainder of Bori-ri and smuggling while cultivating Bori-ri and smuggling.

At this point, there was a duty of care to prevent forest fires from being transferred to turfs, etc. in the vicinity by ascertaining whether the forest was located in the vicinity, and whether the fire was completely destroyed if the turf and the turf were destroyed.

Nevertheless, the Defendant neglected this and destroyed a quasi-preserveded mountainous district with a total of 14,472 square meters in size of 8 square meters in aggregate of 14,472 square meters in P, which is owned by C, owned by C, E, F, G, H, E, I, J-owned, K, L-owned M, N-owned, O, and N-owned P.

Accordingly, the Defendant caused by negligence the public danger by burning the forest owned by others.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to a business trip report, on-site photographs, and on-site survey report;

1. Article 53 (5) of the Forest Protection Act and Article 53 (5) of the same Act concerning criminal facts and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order has resulted in the occurrence of a fire due to the defendant's negligence, and there was a risk of serious loss of human life and property damage.

The area of the forest destroyed by the fire of this case is not small.

However, the degree of actual damage caused by the instant fire is not so severe.

After recognizing the occurrence of the instant fire, the Defendant immediately identified that a fire occurred to the police dispatched due to his own act.

The defendant shall be in the forest concerned from among the owners of the forest destroyed by the fire in this case.