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(영문) 청주지방법원 충주지원 2016.11.25 2016고단497
산림보호법위반
Text

A defendant shall be punished by imprisonment for four 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 15:00 on June 10, 2016, the Defendant incinerated household garbage in Chungcheong City C.

The above place is a mountainous district, and since the above place was adjacent to another person's land, there was a duty of care to take measures for immediate extinguishment when it was not transferred or transferred.

Nevertheless, the Defendant neglected to take fire-prevention measures and failed to appropriately take fire-prevention measures as seen above, it was difficult for the Defendant to put the land owned by D, which is 8,478 square meters because the household garbage incinerated as above was destroyed by wind.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, a location map, and a full certificate of registered matters;

1. Application of each on-site photograph and airline statute;

1. Relevant provisions concerning criminal facts and Article 53 (4) of the Forest Protection Act (Selection of Imprisonment or Imprisonment);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The sentence shall be determined as ordered in consideration of all the circumstances of sentencing, such as the above circumstances and the defendant's age, character and conduct, environment, circumstances of crime, means and consequence, etc., by taking into account the following circumstances: the defendant's mistake and reflects that the defendant's size of the forest that was born by negligence is considerably favorable: the trees of the damaged forest are not dead; most of the damaged forest are not dead; the defendant has agreed to do so only with the clan that is the owner of the damaged forest; the defendant has no previous conviction or heavier

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