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(영문) 대구지방법원 상주지원 2017.06.27 2017고단152
산림보호법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 2, 2016, the Defendant set fire in order to store by collecting various kinds of houses, fallen leaves, garbage, etc. in his dry field located in the Yacheon-gun, Gacheon-gun, Gacheon-do.

At the time, there was a lot of fallen leaves near mountain, and there was a wind that the act of incineration was prohibited in a place close to the forest as a special measure period for forest fire at the time, and therefore, there was a duty of care to prevent the occurrence of forest fire by taking appropriate measures so that the fire does not spread around the forest.

Nevertheless, the Defendant did not take any particular measure against the negligence of putting fire to adjacent trees, etc., and carried a forest of approximately 664,841 square meters in total with the damaged area of about 49 neighboring 49 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Each police statement made to G, H, I, J, and K;

1. Partial statements made by the police concerning L;

1. Each investigation report (No. 21, 24, 28 No. 1360, Jan. 1, 201);

1. To notify the content of a recording file, weather data cooperation related to M forest fires, a survey report on actual condition, a request for data following the outbreak of forest fires, monetary reply details, communication confirmation data, and the results of appraisal of fire incidents;

1. Application of Acts and subordinate statutes on a emulsion photograph;

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. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is for negligence, but the scale of damage is extremely large.

Although the Defendant had already received warning that he would not retire several times, the Defendant had committed the instant crime with due care, and had committed the instant crime. As above, the same point is disadvantageous.

The defendant is recognized as committing the crime in this court and is against the law.

.for the same kind;

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