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(영문) 부산지방법원 동부지원 2019.10.30 2019고단1410
산림보호법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

The defendant is a person who has cultivated a fluoral garden of about 7 square meters in size from around 5 years to around 3 fluoral lines near C in Busan Shipping Daegu.

On April 2, 2019, at around 15:15, the Defendant, at the above garden, set fire by using a disposable dog that was previously possessed after collecting agricultural waste, such as waste vinyl, in advance.

당시 그곳은 대나무와 칡넝쿨이 우거져 있는 산지와 인접한 장소였고, 그 주변에 소나무잎 등이 울타리에 쌓여 있었으며, 바람이 강하게 불고 있어 불씨가 바람에 날려 숲이나 울타리에 옮겨붙어 산불이 발생할 가능성이 있었으므로, 이러한 경우에는 다른 곳으로 불이 옮겨붙지 않게 하거나, 불씨가 바람에 날리지 않도록 산불 발생 방지를 위한 예방조치를 취해야 할 주의의무가 있었다.

Nevertheless, the Defendant neglected to do so and incinerated by putting fire to agricultural waste, such as waste vinyl, which was put up in the dry field, such as a waste vinyl, which was laid down in the dry field by putting it around, and destroyed by 56.9 degrees of forest land, such as D and F, owned by others, including E, and forest land near F, due to the wind, which was moved to a large-scale fence, and thereby destroyed by 239,553,00 won of 25,149gs and market price of 7,353,000 won of 38,919gs totaling approximately KRW 246,906,00 of 64,06,00.

Accordingly, the defendant caused by negligence to extinguish the forest owned by others.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, H, I, J, K, and L;

1. The photo of the studio;

1. Vacant documents as a result of the joint identification of forest fires;

1. Transfer of records, etc. of transfer into the owner of a forest damaged by D forest fire;

1. Application of Acts and subordinate statutes to reports on internal investigation (the attachment of photographs taken by a reporter / The attachment of photographs by a reporter);

1. Article 53 of the Forest Protection Act applicable to criminal facts and the selection of punishment.

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