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(영문) 청주지방법원 충주지원 2016.08.19 2016고단353
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who resides in B in Chungcheongnam-si.

around 15:00 on April 5, 2016, the Defendant laid away living garbage from a nearby valley of the Defendant’s residence.

The above place is a mountainous district, and the above place was adjacent to the forest owned by the Republic of Korea, and since the tree was a fluored forest, there was a duty of care to take measures to immediately extinguish when it was incinerated or relocated at such place.

Nevertheless, the Defendant neglected this and failed to appropriately take fire-prevention measures, and caused the waste incinerated to be moved to an adjacent mountainous district due to the wind, thereby making it difficult for the Defendant to put 53.7 p.m. in total the forest area owned by the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of areas damaged by forests;

1. A certificate of all registered matters;

1. Application of Acts and subordinate statutes, such as investigation reports, site photographs and cadastral map;

1. Relevant provisions of the Act concerning facts constituting an offense and Article 53 (4) of the Forest Protection Act concerning the selection of punishment.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The following conditions shall be determined as ordered by taking into account all the factors such as the defendant's circumstances and the defendant's age, sexual conduct, environment, background of the crime, degree of alcohol in blood at the time of the instant case, and circumstances after the crime, etc., in light of the following conditions of sentencing:

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