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(영문) 청주지방법원 제천지원 2016.07.14 2016고단133
산림보호법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Around April 1, 2016, the Defendant, who is engaged in agriculture, was forced to escape from a sacrat field located in Chungcheong Mayang-gun, Chungcheongnamyang-gun, the Defendant owned, after hearing the horses that the dry field was sacratized and that the dry field was sacratized at the time of carrying the dry field, and cut down the grass in dry field.

At the time, weather was dried and around, and in such cases, there was a duty of care to take preventive measures to prevent the outbreak of forest fires so that the weather is anticipated to cause forest fires at the wind in a mountain, not to use the fire, or to prevent weather from spreading wind.

Nevertheless, without taking such preventive measures, the Defendant was able to practice a total of 20 times of forests, such as 4.9h, 3.7h, 8.8h, 8.8h, H-owned G land owned by the State, 0.1h, 2.5h, 3.5h, etc., of the K-owned K-owned land, which is owned by the Defendant, as the flick-gun was burned-gun, flick-gun D land owned by the Defendant, 3.9h, e.g., flick-gun, and flick-gun, flick-gun, flick-gun.

As a result, the Defendant caused by negligence the forest damage equivalent to approximately KRW 94,301,905 by burning another person's forest.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding report, an investigation report, and an investigation report;

1. Each land register and each forest register;

1. Responses to cooperation in calculating the area damaged by forest fires and the amount of damage;

1. Application of the relevant Acts and subordinate statutes to the airline for the damaged area of a forest fire, the range of the damaged area of the forest fire, the range of the damaged area, the GPS survey drawings of the emitting point, field photographs,

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Fully considering the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

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