beta
(영문) 광주지방법원 해남지원 2019.10.10 2019고단260

방화연소

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Around 08:00 on May 6, 2019, the Defendant: (a) collected fallen leaves around the cemetery, and destroyed them by attaching a fire to the fallen leaves, using a logter, which was prepared in advance, on the ground that he would clean up the miscellaneous trees that he was the person around the cemetery and remove and clean up the bamboo; and (b) moved them to a tree planted on a scale of approximately 1,112 square meters of the land owned by the victim. The Defendant burned the trees on the market price by burning them.

Accordingly, the defendant destroyed his own property by burning the object owned by others, thereby causing public danger.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. Report on the offender's domicile;

1. The actual condition survey report;

1. One copy of a location map, forestry map, forestry cadastral map, and forestry cadastral map, and one full certificate of registered matters;

1. One copy of the survey and one on-site photograph; and

1. On-site photographs and annual satellite photographs, the Defendant and defense counsel denies the crime to the effect that the Defendant did not have any awareness of the occurrence of public danger at the time.

However, the following circumstances revealed by the evidence mentioned above, namely, the place where the defendant attached the fire is a forest where large trees and miscellaneous trees were planted, and immediately next trees were planted, and the defendant stated at the prosecutor's office that "the defendant laid off large trees and miscellaneous trees, etc., as it is very wind per day, and cut off them by hand with only the remaining large trees and miscellaneous trees and miscellaneous trees, etc.," and in light of this, the defendant seems to have been likely to move the fire to surrounding trees by the wind more likely to be spread by using a rater, and in fact, it was destroyed by large trees, pine trees, pine trees, etc., planted in the victim's land due to the spread of the fire attached by the defendant, and the E community residents reported the outbreak of forest fires."