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(영문) 수원지방법원 성남지원 2017.09.14 2017고정882

산림보호법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 16, 2017, the Defendant: (a) around 13:30 around Gwangju-si, Gwangju-si, a large number of miscellaneous lands around his residence, thereby hindering the passage of people; and (b) around Gwangju-si, Gwangju-si, Gwangju-si, to dispose of wastes, the Defendant incinerated miscellaneous lands and garbage around B.

Since it is a forest area, it is prohibited to avoid fire or enter the forest with fire, and there was a duty of care to prevent forest fire.

Nevertheless, the Defendant neglected this and caused the Defendant to move the miscellaneous grass and garbage in the vicinity of the above B to neighboring forests and fields that were influences, thereby setting fire to approximately KRW 28,596 square meters of forest land owned by the victim C clans.

Ultimately, the Defendant was able to kill the victim’s forest due to the above negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Grounds for calculating the amount of damage;

1. Application of Acts and subordinate statutes governing forest fire site photographs;

1. Relevant Article 53 of the Forestry Protection Act concerning facts constituting an offense and Article 53 (4) of the same Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;