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(영문) 수원지방법원 여주지원 2018.09.05 2018고정446

산림보호법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 10, 2018, the Defendant set fire with a landter in order to remove miscellaneous plants from B forest land at a female city on March 15:30.

Since there was a place adjacent to the place of mountainous district owned by another person, in case of incineration of forest land, there was a duty of care to take measures to ensure immediate extinguishment when it was moved to another place or moved to another place.

Nevertheless, the Defendant neglected such duty and moved the same to a neighboring forest by negligence, which did not appropriately take fire-prevention measures, and caused damage to standing trees, such as a quantity fluorous tree that was born in the damaged area, by burning the aggregate of 1,585 square meters of the area of D forest land owned by the clan C in a state owned by the clan C, and causing damage to standing trees.

Accordingly, the defendant caused the negligence to extinguish the forest owned by others.

Summary of Evidence

1. Statement by the defendant in court;

1. Survey maps of the damage caused by forest fires;

1. Application of statutes to the calculation of the amount of forest fire damage;

1. Article 53 of the relevant Act on the Punishment of Criminal Crimes, Article 53 (5) of the Act on the Protection of the Establishment of Mountain Villages and the Selection of Fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;