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(영문) 대전지방법원 논산지원 2016.07.05 2016고단189

산림보호법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall enter a forest with fire or with fire.

Nevertheless, at around 13:50 on February 8, 2016, the Defendant: (a) on February 8, 2016, around 13:50, and around 50,709 square meters of forest land, such as E, F, H-owned G, H-owned I, J-owned K, L, and N-owned Chungcheongnam-gun located in the same area; (b) around 3,150 square meters of standing timber in a forest area, and (c) caused approximately 3,150 square meters of standing timber in a forest area.

As a result, the Defendant caused by negligence to inflict about KRW 23,205,00 forest damage by burning another's forest.

Summary of Evidence

1. Statement by the defendant in court;

1. Current status map;

1. Investigation report (Attachment to registers of forests and fields) and investigation report (Attachment to the basis for calculating the amount of forest damage);

1. Application of statutes on site photographs;

1. Relevant Article 53 of the Forestry Protection Act concerning facts constituting an offense and Article 53 (4) of the same Act concerning the selection of punishment;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act reflects the defendant's mistake, which is the primary offender, favorable circumstances such as the fact that some victims have agreed to do so, and the extent of forest damage caused by the defendant's negligence is small, and disadvantageous circumstances such as the defendant's age, sex, environment, circumstances of crime, circumstances after crime, etc., and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, etc., shall be determined as the order.