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(영문) 서울중앙지방법원 2014.08.29 2014고합321
산림보호법위반
Text

A defendant shall be punished by imprisonment for two years.

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

The Defendant was prosecuted on March 8, 2014, when there was a lack of the capacity to discern things or make decisions due to simple mick-type illness, and around 13:45, around 13:45, the Defendant was placed at the bottom of the oil reservoir located in 27-2, Gwanak-gu, Seoul Special Metropolitan City New-ro 9-dong, and was placed at two parts of the daily life information site with a disposable stop, which was in possession, and the fire was transferred to the fallens, etc. accumulated on the floor, and the fire was transferred to approximately 330 square meters of the 29-year pine trees and miscellaneous trees, and there was no evidence to acknowledge it. However, there was no evidence to acknowledge it, the Defendant committed a fire within the scope recognized by the court through legitimate adoption of evidence such as on-site identification report (the evidence list) and on-site photographs (the list 5, 7, etc.).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The Defendant asserts to the effect that, first of all, the seizure protocol, on-site identification report, and on-site photo, the Defendant merely paid fire by negligence when he did not have a normal decentralization, and that he did not have an intention to prevent fire.

However, comprehensively taking account of the above evidence and the various circumstances acknowledged by the above, it is reasonable to view that the Defendant was in a situation that allowed the occurrence of such a result as well as the situation where it was acceptable to view that the Defendant was in a situation that allowed the occurrence of the result as well as the situation where it was the situation where it was possible to spread the fire to the surrounding forest when the Defendant

In other words, the point of this case was a place where fallen leaves are accumulated on the floor and trees are collectively growing around the area, and it was a place where it is easy to move from it as a mountain mountain, etc.

However, at the time of committing the instant crime, the Defendant attached two parts of the daily life information site with high flammables without taking any measures, such as organizing the surrounding areas.

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