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(영문) 대전지방법원 서산지원 2015.08.27 2015고단523

산림보호법위반

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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 March 8, 2015, around 11:45, the Defendant buried a sexual tomb in a cemetery owned by the victim C in a forest owned by the victim C.

At the time, there is a duty to take preventive measures to prevent the outbreak of forest fires so that turfs and trees around a mountain are easily put out, so in such a case, there was a duty to take preventive measures to prevent the outbreak of forest fires so that turfs can not be broken out or winded around a mountain.

Nevertheless, the Defendant neglected this and caused a negligence by putting a fire on a furnal paper containing a 4-math and a furnal in the vicinity of a drainage channel near the said place, and destroyed a total of 650 square meters of the forest, which is owned by the victim E, the victim E, and one other in D, approximately 1,370 square meters, approximately 4,790 square meters, approximately 690 square meters of the forest, which is owned by one person, other than the victim G in F, and approximately 1,830 square meters of the forest owned by the victim I in H, and approximately 8,680 square meters of the forest owned by the victim in H, the sum of which is KRW 1,680 square meters.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the outbreak and damage situations of a forest fire, report on actual condition of a forest fire damaged area, photographs of the current status of a damaged area of a forest fire, application to the forest register under statutes;

1. Article 53 (4) of the Forest Protection Act and Article 53 (4) of the same Act concerning criminal facts and the selection of sentence;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant made efforts to control fire, such as filing a report on the occurrence of a fire, when a fire occurs while a fire occurs while he/she was in the line of duty with his/her portrait as a principal offender);