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(영문) 대구지방법원 상주지원 2019.05.21 2018고단315
산림보호법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 17, 2018, the Defendant violated the Forest Protection Act: (a) around 12:20 on February 17, 2018, the Defendant: (b) caused the Defendant to put the 2,012 square meters of land owned by C to the said forest land; and (c) caused the Defendant to put the 2,012 square meters of land to the said forest land owned by C on the same day due to the negligence that caused the Defendant to extinguish the finite and vinyl within the finite-gun B by using a base.

2. Any person who intends to temporarily use a mountainous district for the purpose of storing livestock shall report thereon to the competent authority;

Nevertheless, from May 2016 to February 17, 2018, the Defendant did not report temporary use to the YAcheon-gun Office from May 2016 to February 17, 2018, and installed a fence of about 16,587,650 square meters in forest land of approximately 3,252 square meters so that the amount of expenses for restoring mountainous districts would be approximately 16,58,650 square meters and 0.607 km.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 53 (5) of the Forest Protection Act (the point of fire by fire caused by negligence) and Article 55 subparagraph 2 of the Management of Mountainous Districts Act and the former part of Article 15-2 (2) 5 (the point of temporarily using a report) of the relevant Act on criminal facts;

1. Selection of each sentence of imprisonment;

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that he commits an error, the fact that he conducts planting on the destroyed part, the fact that he disposes of all salt farms, and the fact that he does not have previous connection);

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