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(영문) 대전지방법원 홍성지원 2018.07.17 2018고단303

산림보호법위반

Text

A defendant shall be punished by imprisonment for four 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 May 3, 2017, the Defendant: (a) around 16:00, the Hongsung-gun B attached a fire to “fumii,” which is a kind of a duplal tool, and (b) added a breadth water with a breadth water, and (c) carried the balping work in a way that the balp is to be postponed to the balp.

Since there are forests and fields owned by others, and there is a strong wind at the time, there is a duty to pay attention so that weather does not move to surrounding forests, etc. in the event of the mass-wing work by using fire.

Nevertheless, the Defendant neglected this and destroyed approximately 19,910 square meters of forest trees by putting about 19,910 square meters of forest trees into the wind, and caused approximately 12,69,600 won of restoration expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, on-site photographs, and on-site floor plans;

1. Relevant legal provisions concerning facts constituting an offense and Article 53(4) of the former Forest Protection Act (amended by Act No. 14519, Dec. 27, 2016) (amended by Act No. 14519, Dec. 27, 2016)

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by taking into account the following circumstances, including the Defendant’s age, sex, environment, the circumstances before and after the instant crime, and the circumstances of the instant crime.

3. Unfavorable circumstances: The circumstances favorable to the defendant's failure to take any measures for recovery from damage even though the area of fire and the scale of damage are not large: The defendant's mistake and reflects his fault; the defendant has no history of punishment other than the fine of small amount (1985, 1994) on two occasions; the defendant is aged and has no good health condition.