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(영문) 광주지방법원 순천지원 2016.03.24 2016고합21
산림보호법위반
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On April 3, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for night-time structure intrusion larceny in the Gwangju District Court's order on April 3, 2013, and completed the execution of the sentence in the Net Prison on August 15, 2013.

On February 7, 2016, from around 19:20 to 21:30 on the same day, the Defendant laid down a total of 1,500 square meters of the forest area, such as setting fire, etc. by putting 1,500 square meters of the forest area around 42 times in total, on the ground that it was difficult to live due to the lack of employment, in the victim E-owned forest and the victim G-owned forest located in D, and in the victim E-owned forest.

Accordingly, the defendant committed a fire to another person's forest.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. 112 Reporting case handling table;

1. Each investigation report (No. 8 through 10, No. 12, and No. 16)

1. Forest land register;

1. On-site photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of the period of repeated crime);

1. Article 53 (1) of the Forestry Protection Act applicable to the facts constituting an offense;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in favorable circumstances) of the mitigated amount;

1. Scope of applicable sentences under Acts: Imprisonment for one year and nine months to twelve years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the punishment [the types of punishment] for special property and the area of mitigation (three to six years) (the forest fire prevention] (the special sentencing factors]: the number of self-denunciation.

3. Determination of sentence: Imprisonment with prison labor for three years; the crime of this case was committed by the defendant, provoking a mountain path, and was in a forest owned by another person several times, and such a fire-prevention crime may cause serious damage to the life and property of the people who were more fire and thus, is a highly dangerous crime, and it is against the victims.

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