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(영문) 인천지방법원 2018.02.01 2018고정124
산림보호법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 2, 2017, the Defendant, at around 16:00, went through the process of burning miscellaneous plants by setting fire for farming in the dry field located in Gyeyang-gu Incheon, Incheon, the Defendant owned.

In such cases, there was a duty of care to report it to related agencies in advance and prepare for the possibility of spreading fire by the wind, etc. in consideration of the weather of lights, dampness, wind, etc. which have been prepared in advance.

Nevertheless, the Defendant neglected to do so, due to negligence, caused approximately KRW 653,00,00 to put the public into danger by causing damage equivalent to KRW 653,00,00 by causing approximately KRW 990,00 of the size B owned by the Defendant, by taking a fluoral wave into account the surrounding forest and fields.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the investigation report at the scene of a fire site in the Gyeyang Fire Station, investigation report (in the face of a person in charge of C in the Gyeyang-gu Office), investigation report (in the face of donations such as cadastral map and attachment of cadastral map), certified copy of the register

1. Article 53(4) of the former Forest Protection Act (amended by Act No. 14519, Dec. 27, 2016; hereinafter “former Forest Protection Act”) and Article 53(4) of the same Act concerning criminal facts and the selection of fines.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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