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(영문) 광주지방법원 순천지원 2014.10.14 2014고단1139

산림보호법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 11, 2014, around 10:00, the Defendant incinerated waste, such as agricultural chemical disease, vinyl, etc., on the nearby packing roads of the Macheon-si.

At all times, there was a risk that a fire may be moved to a nearby forest by the wind in the event that the fire is destroyed by leaving the mountain, so the defendant was obliged to confirm the fire completely and to prevent fire by leaving the place.

Nevertheless, the Defendant thought that he was negligent in doing so, and destroyed a total of two times among the above forest land attached to C, B, and D forest land, which is owned by another person, due to the negligence of leaving the place of the agricultural chemical disease, which was incinerated, by leaving the place of the disease.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into and reporting on areas destroyed by forest fires;

1. Application of Acts and subordinate statutes to photographs of areas destroyed by forest fires;

1. Relevant Article 53 (4) of the Forest Protection Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the forest was damaged by the defendant's negligence for sentencing of Article 334 (1) of the Criminal Procedure Act, the defendant was against the defendant. However, it appears that the defendant made considerable efforts to restore the forest to the original state after committing the crime. The victim E and F agreed completely with the victim E and F, and all other sentencing conditions such as the defendant's age, character and conduct, environment, etc. are considered.