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(영문) 수원지방법원 여주지원 2017.09.05 2017고정211

산림보호법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

around 14:00 on March 30, 2017, the Defendant collected miscellaneous grass from the defendant's dwelling log in Yangyang-gun B of Gyeonggi-do and incinerated it.

At that time, there was a place where it is easy to move a forest to the surrounding forest due to the surrounding areas of the forest, and as the wind continues to exist at that time, there was a duty of care to check clearly whether the defendant remains a miscellaneous grass, and to prevent the forest fire from spreading.

Nevertheless, the Defendant neglected this and caused the Defendant to leave the forest of approximately KRW 5,946 square meters and approximately KRW 3,272,310 of the total damaged area by putting the forest to C, which is a state forest adjacent to the above B.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the criminal place;

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

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

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

1. It is so ordered as per Disposition by taking account of the following: (a) there is a high risk of the instant act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the Defendant committed the instant crime with considerable forest power; (c) there is unfavorable circumstances; (d) the Defendant committed the instant crime; (d) the Defendant is provoking and is in depth against his own criminal intent; (e) the amount of damage; (e) the Defendant paid variable rewards for damage incurred from July 2017; and (e) the Defendant is an initial offender