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(영문) 춘천지방법원영월지원 2020.10.06 2020고단342
산림보호법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 12:30 on April 8, 2020, the Defendant: (a) had been engaged in the work near a fenced in Yeongdeungpo-gun B of Gangseo-gu, Gangwon-do; (b) there was a place where grass and trees were located in the vicinity of the work site; and (c) thus, there was a place where it is easy to move fire in the surrounding area; (d) there was a duty of care to ascertain whether a fire was fluence and whether there was a inflammable substance in the surrounding area; (b) neglected the duty of care to not attach a fire to the forest; and (c) transferred a fluence, etc. in the vicinity of the fire to another person, who was in the vicinity of the fire and owned by another person, on the basis of negligence during the use of the flusing work, and on the other hand, owned by another person, with a total of 19,09 square meters of the forest area in C, D, E, G, H, I, J, K, M, and N.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report and accompanying documents;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences: Imprisonment for one month to three years;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced to sentence, was killed in the forest by having the sloping paths flown in the forest.

It is reasonable that the damaged forest area is 119,09 square meters in total.

The responsibility of the defendant for the crime is very heavy.

However, considering the fact that the defendant was recognized to commit the crime and there is no other force except for the punishment of a fine of KRW 700,000 due to drunk driving in 200, the punishment shall be determined as ordered by comprehensively taking into account the following factors: the defendant’s age, character and conduct, family relation, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments of this case, such as the defendant

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