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(영문) 대구지방법원 안동지원 2013.12.17 2013고단381

산림보호법위반

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On March 9, 2013, around 15:41, 2013, the Defendant was engaged in smoking, smoking, and smoking in the field of wave located in the Yancheon-gun C, and at the same time, there was a duty of care to avoid smoking as much as possible as possible, because the Defendant had a string of tobacco and a large amount of grass and trees around that area, and there was a duty to prevent smoking from being transferred to the surrounding area.

Nevertheless, while continuing the above operation while smoking tobacco, the Defendant moved the shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

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

1. Application of Acts and subordinate statutes to the investigation report and the actual survey report;

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 (see, e.g., Supreme Court Decision 62 (1)

1. 사회봉사명령 형법 제62조의2 피고인 및 변호인의 주장에 대한 판단 피고인 및 변호인은, 피고인이 이 사건 당시 담배를 피운 것은 사실이나 담배를 핀 후 물에 적셔 껐으므로 이 사건 화재의 원인을 제공한 사실이 없다고 주장하나, 이 사건 기록에 의하여 인정되는 다음과 같은 사정들, 즉, 피고인이 담배를 피우고 난 후 얼마 되지 않아 피고인의 비닐하우스 부근에서 이 사건 화재가 발생한 점, 피고인이 검찰 조사과정에서 담배를 손에 낀 채 위 비닐하우스에 들어가 파를 심으려고 하다가 마른 풀이 정리되어 있지 않기에 다른...