산림보호법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is that the Defendant, around March 24, 2014, sold a waste vinyl, etc. on the farmland of this case. In full view of the concept of a decoration lawsuit, wind direction, actual situation investigation, fire appraisal report, etc., the lower court found the Defendant not guilty of the facts charged of this case by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. On March 24, 2014, the Defendant: (a) around 06:00 on March 24, 2014, on a piece of farmland located in Gyeongcheon-gun D, Chungcheongnamcheon-gun, the gist of the facts charged in the instant case was to have the waste vinyl, grassland, etc
Since there was a mountain around this place, there was a duty of care to prevent forest fires by taking appropriate measures, such as preventing a person with a fire from being moved to a mountain in the vicinity and checking the fire completely if he is towed.
Nevertheless, the Defendant neglected this and caused the Defendant to extinguish a forest of approximately 143,000 square meters in nine parcels, such as the above F, which is owned by E, by neglecting the negligence, on the ground that, although the Defendant was aground, etc. after burning the waste vinyl, etc., but did not properly verify the fact that the fire was completely cut out, and thus, caused the Defendant to extinguish the forest of approximately 143,000 square meters in size, such as the above F, etc., which is owned by E.
Accordingly, the Defendant was negligent in burning another person's forest.
B. The lower court determined that the Defendant was carrying a waste vinyl, etc.
하나 그 직후 논에 고여 있는 물을 이용해 불을 모두 껐다고
On March 24, 2014, when K initially reported the forest fire of this case discovered that the forest fire of this case was postponed, the part of farmland was not left yet, when the Defendant: (a) 7 hours and 30 minutes elapsed from the time of burning the waste vinyl, etc.; and (b) 13:30 minutes elapsed from the time of burning the waste vinyl, etc.; and (c) she went back to the site of the franite.
The statement, and the data on the day of the case, which was based on the fire appraisal report, are 20 to 30 km away from D, Gyeongcheon-gun, Gyeongcheon-gun, where the fire occurred.