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(영문) 광주지방법원 순천지원 2013.05.29 2013고단455
산림보호법위반
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On March 5, 2013, 15:05, the Defendant cut steel with a cutting machine in order to assemble a vinyl in B, and was adjacent to the forest and miscellaneous. In such a case, the Defendant was unable to perform any work that is anticipated to cause a forest fire by the wind in the vicinity of mountain, or was negligent in performing steel cutting work that may occur by neglecting the duty of care to take preventive measures to prevent the outbreak of forest fire so that the weather does not wind, while neglecting the duty of care to take preventive measures to prevent the outbreak of forest fire, the Defendant was carrying out the said work once again with the wind attached to the knife and 8 persons owned by the victim C and 8 persons, including D3.93 p. 93 p. 06 p. F. 07 p. m.

Accordingly, the defendant damaged the forest by neglecting the forest owned by others by negligence so that 19,285,00 won of the expenses for afforestation and restoration are to be borne by others.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

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

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no criminal record exceeding the fine imposed on the accused, and that there is an agreement to pay 60 million won to the both-wing farmers damaged by a fire, etc.);

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