A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 12:00 on January 28, 2019, the Defendant incinerated waste on the Gadslicker B in Busan Metropolitan City.

At the time, since the weather is dried and the weather is easily dried by wind, there was a duty of care to prevent forest fire from being moved to nearby trees in incineration.

Nevertheless, the Defendant neglected to incinerate waste and caused a fire attached to a fallen leaves by negligence to be moved to trees, etc. around the Defendant’s ownership, and caused a total of 91,404 square meters of forests and fields owned by the Defendant, including C, 7,433 square meters of forests and fields and 104 square meters of forests and fields owned by the Defendant, thereby causing danger to the public by burning a forest.

Summary of Evidence

1. Defendant's legal statement;

1. The application of statutes to the practical survey report, location map, on-site photographs, and fire site survey report;

1. Article 53 (5) of the Forest Protection Act applicable to criminal facts and Article 53 (5) of the Election Protection Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the instant crime was committed on the ground of the suspended sentence, but the damage area is not that of the minor liability.

However, the punishment as ordered is determined by comprehensively taking account of the following factors: the defendant is against himself and has no record of fine or heavier punishment, and the function of the forest can be naturally restored, and the defendant's age, character and conduct, environment, means and result of the crime, and the circumstances after the crime, etc.