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(영문) 청주지방법원 충주지원 2017.01.18 2016고정123
산림보호법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 9, 2016, around 14:25, the Defendant incinerated by-products from the agricultural land B in Chungcheongnam-si, Chungcheongnam-si, the Defendant laid down approximately KRW 770 square meters of forests attached to C, which is a neighboring forest and forest land, to D, Chungcheongnam-si, Cheongju-si.

Summary of Evidence

1. Statement by the defendant in court;

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

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was placed in the vicinity of the forest where the instant case occurred, thereby causing considerable damage due to the Defendant’s negligence, and that the Defendant did not agree with the owner of the damaged forest, etc., who is disadvantageous to the Defendant.

However, the fact that the defendant has no criminal history of the same kind, and that the forest seems to have been restored to a considerable part after the instant case is a sentencing person favorable to the defendant, and the above sentencing factors are determined as having been sentenced to the sentence of the defendant in consideration of the age, sex, environment, etc. of the defendant.

It is so decided as per Disposition for the above reasons.

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