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(영문) 대전지방법원 서산지원 2017.10.19 2017고단644

산림보호법위반

Text

1. The punishment of the accused shall be four months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

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

On May 1, 2017, the Defendant, at around 1, 2017, put a fire into a arche in the Defendant’s residence located in Chungcheongnam-gun, Chungcheongnam-gun, and then discarded the remaining remains after burning into a brue.

At the time, the building site was built in spring rail and around the dwelling area of the defendant, and there was a duty of care to prevent the occurrence of forest fire by closely checking whether the fire remains after burning the object and then disposing of it before disposing of it.

Nevertheless, the Defendant neglected this and caused damage to forests equivalent to KRW 9,594,00 in total amount of damage, such as KRW 1,90,000, KRW 7,694,000, KRW 7,000, and KRW 9,594,000 in standing timber, by making a 12,066 square meters of forest land owned by another person as indicated in the list of crimes in the attached Table, including KRW 5,194,00,00 in 10, forest land owned by another person, as it was, in the following parts of the Defendant’s dwelling.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a survey report and photograph of actual situation, a survey report on entry timber, a standard wooden field, a sand shed, a detailed statement on the calculation of expenses for the restoration of an area destroyed by forest fire, a forest and land register, a certified copy of a forestry map, etc.;

1. Article 53 (4) of the Forestry Protection Act applicable to the facts constituting an offense, and the selection of a sentence of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act for the recovery of damaged areas);