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(영문) 대구지방법원 경주지원 2015.07.08 2015고단335

산림보호법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 28, 2015, between 14:30 on March 28, 2015 and 15:00 on racing, the Defendant collected various kinds of houses, fallen leaves, etc. from D, which were located in the racing-si C, and caused them to board by using a horse.

At the time, weather was dried, and there was a place less than 3 meters away from the forest land, so in such a case, there was a duty of care to prevent forest fire in advance, such as maintaining an appropriate distance from the forest to ensure that the fire is not transferred to forest land, and as to whether the fire was completely cut down even after the sprinking.

Nevertheless, the Defendant neglected this and caused forest damage equivalent to KRW 120,295,000 in total by destroying the total amount of 6.39 square meters of another person’s forest as stated in the attached crime inundation, including setting fire of 22,887 square meters of neighboring E forest land, which is adjoining E, even though it was 17:00 on the same day after residing in the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. One copy of a report on criminal land, a forest fire site (a photograph), a statement of calculation of the damage to standing timber and the amount of damage, a summary survey, a report on the accumulation of standing timber, a record of the representative land (transfer), a record of the representative land survey drawings, a forest land register, etc., the old map (damage area, etc.), the relevant statutes, persons, field photographs, investigation reports (verification of relevant press articles), a report on investigation (verification of three-month weathers, amount of rainfalls, etc.), and the application of one-half statute of the racing area on March 2015;

1. Article 53 (4) of the Forest Protection Act applicable to criminal facts and Article 53 (4) of the Election Protection Act;

1. Article 62 (1) of the Criminal Act;

1. The following records are recorded: (a) the size of forest damage for sentencing under Article 62-2 of the Social Service Order Act is large; (b) the amount of damage is significant; (c) the amount of damage is not recovered; (d) the crime is reflective; (e) some landowners are taking the Defendant’s preference against the Defendant; and (e) other circumstances after the Defendant’s age, happy family environment