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(영문) 대전지방법원 서산지원 2015.08.27 2015고단507
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

At around 13:00 on March 12, 2015, the Defendant cut off the drums that were located at the home of the Defendant in Jinjin-si, Sinjin-si.

Since the defendant was built at the time, he had a duty of care to prevent forest fire from being moved to a plastic greenhouse, etc. in the nearest place in order to prevent the fire from being spreaded.

Nevertheless, the Defendant neglected this and caused a drum to be cut off to neighboring trees attached to the said drum greenhouse, etc., and destroyed a total of 300 square meters of forest land owned by the victim E, 7,160 square meters, approximately 2,640 square meters of forest owned by the victim G in F, approximately 60 square meters of forest owned by the victim I and two other victims I in H, approximately 2,060 square meters of forest owned by the victim K in J, approximately 670 square meters of forest owned by the victim K in L, approximately 670 square meters of forest owned by the victim N, approximately 90 square meters of forest owned by the victim N in M, and approximately 12,680 square meters of forest owned by the victim et al.

As a result, the Defendant caused by negligence to put the public into danger by burning another's forest.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence and damage situation of a forest fire, a fact-finding report, the current state of damaged forest fires, surveying the current state of damaged forest fires, the forest land use plan, and application of statutes in a written confirmation

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 (Article 62 (1) of the Criminal Act (including the fact that the accused has not committed any other criminal offense except the punishment imposed twice by a fine for older person

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