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(영문) 의정부지방법원 2015.09.18 2015고단1349

산림보호법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall put the general public in danger by burning another's forest by negligence by burning it on or by negligence.

Nevertheless, around 11:35 on March 22, 2015, the Defendant was on the part of his own farmland located in Gyeonggicheon-gun Co., Ltd., and there was a forest fire in the private forest of six parcels, including E, which is equivalent to the size of 29,677 square meters in the surrounding area, due to negligence that prevents him from spreading into the surrounding forest.

Accordingly, the Defendant was negligent in burning another person's forest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the outbreak and damage situation of a forest fire, a fact-finding report, a location map, on-site photographs, an area protocol for forest fire damage, a forestry

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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The area of the occurrence of forest fire, the unagreement with the victim, or the favorable circumstances favorable to the victim who has no damage restoration: The defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and other factors for sentencing under each subparagraph of Article 51 of the Criminal Act, such as circumstances after the crime, etc. are considered as above; and