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(영문) 창원지방법원 마산지원 2014.06.24 2014고단361 (1)

산림보호법위반

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A defendant shall be punished by imprisonment for six 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 April 4, 2014, at around 19:30, the Defendant: (a) performed a duty of care to maintain appropriate distance with the forest in order to avoid fire; (b) in order to prevent the outbreak of fire, such as planting the fire to a forest, and (c) neglected the duty of care to prevent the outbreak of fire. However, the Defendant caused public danger by setting fire to the E, F, G, H forest, or H forest, 39,393 square meters, attached to the adjacent forest owned by E, F, G, or H forest, 39,393 square meters, 2,950 square meters of standing trees that grow within the forest and within the forest, which were destroyed by the negligence of burning agricultural products, wastes, etc. at the place adjacent to the forest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the de facto survey report (including attached documents);

1. Article 53 (4) of the Forest Protection Act and the selection of imprisonment with prison labor for criminal facts;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a person commits a violation of his/her own identity and the fact that he/she is a primary offender);