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(영문) 창원지방법원 진주지원 2018.09.05 2018고단816
산림보호법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 13:30 on February 26, 2018, the Defendant incinerated waste, such as a brush and burging, which was brought about in the neighboring residence by attaching a fire to a rater.

Since there are a large number of forests in the nearest area, there was a duty of care to prevent forest fires by planting it by taking measures to prevent a fire from spreading.

Nevertheless, the Defendant neglected this and had the Defendant move the fire to a neighboring forest, which was in the same direction as above, and destroyed approximately KRW 16,148 square meters of forest land in eight lots owned by others, such as E, the victim D, etc.

Ultimately, the Defendant was able to kill another person’s forest due to the foregoing negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs damaged by forests;

1. Relevant Article 53 of the Forestry Protection Act concerning facts constituting an offense and Article 53 (5) of the same Act concerning the selection of punishment;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the criminal defendant was the first offender and the agreement with the victim).

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