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(영문) 의정부지방법원 2015.07.03 2015고단1519
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

No one shall put the general public in danger by burning another's forest by negligence by burning it on or by negligence.

Nevertheless, around March 9, 2015, the Defendant: (a) committed a forest fire in a private forest located in Macheon-si B, with the negligence that did not prevent waste from spreading to a neighboring forest; (b) caused a forest fire in the aggregate of 5,000 square meters of the ownership of C, etc. in the surrounding area; and (c) the private forest located in E.

Accordingly, the Defendant was negligent in burning another person's forest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes related to forest fire damage, such as the details of calculation of the amount of damage caused by forest fires, field photographs, location map of forest fires;

1. Article 53 (4) of the Forest Protection Act and Article 53 (4) of the same Act concerning criminal facts and the selection of sentence;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The area of a forest fire, the victim and an unagreement, or the victim are not recovered from damage: The favorable circumstances shall not have any record of a crime committed in the same kind, or

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.

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