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(영문) 광주지방법원 순천지원 2015.06.18 2015고단531
산림보호법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around 12:35 March 5, 2015, the Defendant, while cleaning the plastic houses for the Defendant’s father’s care, laid down and incinerated wastes into the plastic oil pipe next to the plastic houses.

Since there is a danger that forest land should be moved to the wind because it is adjacent to the surrounding areas, the defendant has a duty of care to retire in a place where there is no reason to move to the place, and to confirm whether it was completely impossible after the retirement.

Nevertheless, the Defendant neglected this and destroyed the total of 21,610 square meters in total among the neighboring mountainous districts (E, F, G, H, I, and J) owned by another person, such as D, etc., by fireing a 21,610 square meters, which are remaining due to the negligence of leaving the place without confirming whether the fire was completely left after retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into and reporting on a forest fire victim, calculation of the area of a forest fire damaged area, location map of a forest fire damaged area, and field photographs;

1. Application of the Acts and subordinate statutes governing the basic matters of one parcel and the public announcement of afforestation costs;

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. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the defendant is against the defendant and that the owner of the damage is agreed upon);

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