beta
(영문) 청주지방법원 충주지원 2016.07.15 2016고단277

산림보호법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 2, 2016, the Defendant was established at C Training Center located in B in the Cheongbuk-gu A, Chungcheongnam-do on April 2, 2016, and at the said Training Center.

Youths, etc. were to be burned up by fire.

The above place is a mountainous district, and since the above place was adjacent to another person's land, there was a duty of care to take measures for immediate extinguishment when it was not transferred or transferred.

Nevertheless, the Defendant neglected this and failed to appropriately take fire-prevention measures, and caused the above incineration light to be moved to an adjacent mountainous district due to wind, thereby making it difficult for the Defendant to put about 19 years in total the forest area D and E, which is another person.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence and damage situations of forest fires;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes to the forest ledger and forestry map;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The following conditions are considered: The defendant recognized the instant crime and reflects the fact that the defendant agreed smoothly with some victims; the defendant is the primary offender; the above conditions of sentencing, such as the defendant's age, sex, environment, circumstances, means and consequence of the crime; and the conditions of sentencing, such as the circumstances after the crime, shall be determined as ordered.