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(영문) 광주지방법원 2021.02.03 2020고단3139

산림보호법위반

Text

The punishment against the Defendants shall be four months of imprisonment.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant A, “200 Highest 3139, 2020,” while Defendant B and Defendant A, prior to March 19, 2020, was performing construction works for the removal of water from the land, etc. in the Southern Gun C, etc., he was in charge of melting work and Defendant A, who was a field manager, was in charge of melting water around the place of work in order to prevent forest fires from spreading.

At the time, there was a very strong wind softened danger that forest fire can spread rapidly, and the place of work was accumulated with fallen leaves and grass that can be burned out as a mountain, and in the case of melting work, it was easy for the Defendant A, who performed the above work, with due care to prevent forest fire from spreading. Since it was easy for the Defendant A, who performed the above work, to have a duty to prevent forest fire from spreading.

Nevertheless, Defendant A had had the adjoining work progress without sufficiently spreading water around the work site. Defendant A, without checking the surrounding areas, was carrying out land of 48,162 square meters in total, and 48,162 square meters in size, and 235 square meters in registered number of trees damaged by trees, on the wind that the processed water scattered at the time of adjoining work destroyed by a forest fire.

As a result, Defendant A was killed in a forest owned by others by negligence jointly with Defendant A.

Defendant B, “200 Highest 5432, 5432,” while performing construction works to prevent the cryp from being installed on the land, etc. of the Southern-gun C before March 19, 2020, Defendant B was in charge of the melting work and was a field manager.

A plays a role in spreading water around the work site in order to prevent forest fire.

At the time, the wind is very strong and there was a risk that forest fire can spread rapidly, and the place of work can be destroyed as a mountain.