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(영문) 대전지방법원서산지원 2020.09.09 2020고단630
산림보호법위반
Text

A defendant shall be punished by imprisonment for six 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 10:30 on July 6, 2019, the Defendant: (a) laid down a grass extracted from it, and did not take safety measures to prevent transfer of a fire to neighboring forests by wind; (b) laid down a fire to neighboring forests by wind due to the wind’s negligence; and (c) laid down approximately 6.2 m (62,157mm2) in total of 14 lots of land size of land owned by others (around 62,157m2).

Accordingly, the Defendant was negligent in burning another person's forest.

Summary of Evidence

1. Defendant's legal statement;

1. Actual situation survey report, reference land layout plan, old map and old table, photographed site, quantity survey report on deforestation scheduled, standing timber stable survey report, title survey site for reference land, and market price certificate;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 53 (5) of the Forest Protection Act and Article 53 (5) of the same Act concerning criminal facts and the selection of sentence;

1. The sentencing of Article 62 (1) of the Criminal Act shall be determined as the same as the disposition, comprehensively taking into account areas where forest fires have been damaged and the amount of damage, the age, character and conduct, environment, etc. of the defendant;

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