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(영문) 의정부지방법원 2013.05.03 2013고합47

산림보호법위반등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

At around 23:00 on September 27, 2012, the Defendant thought that it was difficult for the Defendant to see another person’s forest, property, etc. due to the awareness and sound distribution of the damage that the Defendant was making it difficult for the Defendant to do.

1. On September 27, 2012, the Defendant violated the Forest Protection Act: (a) around 23:00 on the forest owned by the Republic of Korea in Yangju-si; (b) laid down a fire into the forest owned by the Republic of Korea using a disposable gas bags that had been previously possessed after gathering the leaves, leaves, waste, etc. from the forest owned by the Republic of Korea at Yangju-si; and (c) the said fire was extinguishing by fire brigade members, thereby setting the forest volume of approximately 2 square meters.

2. On September 27, 2012, the Defendant causing property damage: (a) around 23:05 on September 27, 2012, at the place under the above paragraph (1) of this Article, the victim came to be a G restaurant operated by the victim F in Yang-si, Yang-si, in a 50-meter away from the 50-meter away from the place under said paragraph of this Article, and (b) destroyed the utility of the victim by setting fire to two banners (80cm wide, about 100cm long, about 80cm wide, about 100cm long) placed on the iron fence.

3. Around September 27, 2012, the Defendant attempted to extinguish the said equipment by putting fire into fire with a lower part of a luminous part of the balone material in which the said restaurant was located, where a 30-meter away from the place under the said paragraph (2) was an I restaurant for the operation of the victim H, and the equipment room (shot shots, charcoals, LPG gas pipes, etc. are kept in custody, and the said restaurant is connected with the main room) located behind the said restaurant building. However, the Defendant attempted to extinguish the said equipment room by putting fire with a lower part of the balp of the balp of the ballon material, but failed to achieve the purport by the fire brigade dispatched.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Written statements of K and J;

1. Each report on investigation;

1. Winter line and field map of the defendant;

1. Application of the Acts and subordinate statutes to photographs of the scene at the time of arrest;

1. Relevant Article of the Forest Protection Act, Article 53(1) of the Forest Protection Act (the occupation of forest fire prevention) and the Criminal Act concerning criminal facts;