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(영문) 춘천지방법원 강릉지원 2017.10.12 2017고정229

산림보호법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 24, 2017, the Defendant: (a) around 13:56 around 13:56, and around 13:56, while smoking tobacco, and (b) laid off on the floor of the spatus without completely extinguishing the spatus of the said cigarette butts, and caused damage equivalent to KRW 8,000,000 in forest recovery expenses by the wind, which is owned by C et al., that the spatus of the spatus spat down to the forest.

As a result, the Defendant caused by negligence to put the public into danger by burning another's forest.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol related to E, F, C, and G;

1. Each statement of H, I, J, and K;

1. Application of the Acts and subordinate statutes to the tobacco and dys photographed by a person who is in possession of the recipient;

1. Relevant Article 53 of the Forestry Protection Act concerning facts constituting an offense, Article 53 (4) of the same Act concerning selective punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. 가납명령 형사 소송법 제 334조 제 1 항 피고인 및 변호인의 주장에 대한 판단 피고인 및 변호인은, 피고인이 이 사건 당시 담배를 피운 것은 사실이나 담배를 핀 후 확실히 껐으므로 이 사건 화재의 원인을 제공한 사실이 없다고 주장한다.

In light of the following circumstances acknowledged by each of the above evidence, i.e., the person smoking tobacco among eight persons working at the fire site of this case, i.e., the Defendant, E, L, the place where the Defendant was working, the place where the fire occurred, the Defendant did not smoke and did not have any other cause to cause the fire at the fire site of this case, and the Defendant appears to have no other cause to cause the fire at the fire site of this case.

Since it is reasonable to view the defendant and his defense counsel's assertion is not accepted.