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(영문) 의정부지방법원 2015.04.16 2014고합470
일반물건방화등
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a farming father who sets up a farming house in Socheon City C, which is a farmland.

The Defendant, who is a forest adjacent to the above land, was dissatisfied with the increase of trees, thereby obstructing the growth of agricultural crops on his/her own land. On September 4, 2014, the Defendant: (a) destroyed standing trees in the forest and destroyed them to the public at the same time without justifiable grounds by burning waste from the bottom of 7 parts of riwon trees, a person in the above forest; (b) destroyed standing trees in the forest without any justifiable reason by burning them at the bottom; and (c) destroyed them to cause public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on illegal civil petitions, reports on illegal standing timber damage and reuse, and on-site investigations;

1. Application of 16 local photographs, 16 copies of photographs, current status photographs, 12 Acts and subordinate statutes;

1. Relevant legal provisions for facts constituting an offense, Article 167(1) of the Criminal Act (the point of general goods and fire prevention), and Article 74(1)5 of the Creation and Management of Forest Resources Act (the point of damaging standing timber and the choice of imprisonment);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a crime of Setting fire against a general article heavier than the punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for six months to five years;

2. Where considerable damage has been restored to the mitigation area (six months to one year), reduction area (special mitigation area), (six months to one year), or considerable damage has been restored according to the sentencing criteria (the scope of recommending punishment).

3. Determination of sentence: The crime of this case with a stay of six months in imprisonment for a term of two years shall be deemed to have destroyed the fire by burning waste from the bottom of the tree in the forest and setting the fire to the tree, and thus, the crime of this case shall be deemed to have been destroyed by a large fire and thus, the liability for the crime shall not be minor in terms that large-scale damage could have occurred;

However, the defendant is opposed to the confession of the crime of this case, and this case.

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