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(영문) 광주지방법원 순천지원 2014.09.19 2014고정425
산림보호법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 24, 2014, around 10:24, the Defendant: (a) collected by-products and incinerated them after being punished from Macheon City B.

Since there is a danger that a fire may move to a nearby forest by the wind in the event that the fire is a mountainous district, the defendant has a duty of care to prevent the spread of the fire by completely removing the surrounding grass so that the fire does not become wind, attaching a sufficient depth of the land, etc.

Nevertheless, the Defendant neglected this and caused a fire by collecting a fright, etc. in the vicinity of the cemetery, and caused a fright to carry 8,897 square meters out of the above forest owned by C, D, E, and F, by negligence with a fright to the wind.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to an order to recover areas destroyed by forest fires;

1. Article 53 (4) of the Forest Protection Act related to criminal facts;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition in view of the following: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the instant crime; (b) the agreement is reached smoothly with the owner of the damaged forest land; and (c) the restoration of the damaged forest

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