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(영문) 인천지방법원 2016.09.22 2016고합118
산림보호법위반
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2016, the Defendant: (a) around 19:40 on February 1, 2016, around 2016, she sawly fluordly fluordly fluordly fluoredly fluor around 23, Nam-dong, Nam-gu, Incheon, Nam-gu, Incheon; (b) carried a forest with a fluor (Seizure No. 1) with a fluor for a single-use fluor (Seizure No. 1) in which he was in possession of a fluorly fluor, etc. around 6,

After all, the defendant committed a fire to another person's forest.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A protocol of seizure and a list of seizure;

1. A report on voluntary accompanying of a suspect in violation of the Forest Protection Act and a report on the results of field inspection;

1. Details of damage from forest fires;

1. Application of the location map and each field photograph Act and subordinate statutes;

1. Article 53 (1) of the Forestry Protection Act applicable to the relevant criminal facts;

1. Article 52 (1) and Article 55 (1) 3 (Self-denunciation) of the Criminal Act mitigated by Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and nine months to seven years; and

2. Application of the sentencing guidelines [types] : Fire prevention against special property (forest fire prevention) - In the event that actual damage is minor, the number of self-denunciation [decision in the sphere of recommendation] in the area of special mitigation [the scope of recommendation] [the scope of punishment] from 1 year and 6 months to 6 years [general sentencing factors] - The important factors of mitigation [whether suspended execution is suspended] - Where positive damage is minor, the number of self-denunciation - General factors: positive and contingent crimes, and serious reflective factors:

3. Determination of sentence: Imprisonment with prison labor for a two-year period, the Defendant destroyed a forest with approximately KRW 1,500 square meters around the place where the fire was destroyed by a fire, and there was no restoration of damage caused thereby.

In the case of a forest fire-prevention crime, the life and property of people who have been spreaded to a large forest fire shall be damaged.

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