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(영문) 부산지방법원 2019.01.11 2018고합445
산림보호법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to apprehension, depression, symptoms, etc. caused by the depression.

1. On April 11, 2018, the Defendant entered a c inspection board located in Kimhae-si B on April 11, 2018, and entered a c inspection board located in Kimhae-si B on the ground that he was given a answer by a slick, and put a knick in a plastic paper, and put a knick in a newspaper, and the above inspection board was put in a way of inserting the 110,000,000 won at the market price into the entire c inspection board.

Accordingly, the defendant destroyed the structure owned by others.

2. The Defendant violated the Forest Protection Act by negligence, which did not take any measures to remove a building by setting fire in the above manner at the above time, at the above place, and did not take any measures to remove it to the surrounding forest and field, and destroyed 10 gys and 53 gys and 53 gys and fys in total at the market price of 680.64m2 around the surrounding forest and field.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A report on the occurrence of a fire, a report on the results of field identification, and a report on actual conditions;

1. Each investigation report (including accompanying materials set forth in the table of evidence Nos. 5, 8, 9, 13, 15, 17, 19, 22, 24, 26, 28, 30, 33, 35, 36, 39, and 42);

1. Application of statutes on the current base price of field photographs, and Gyeongnam-do, 2018;

1. Relevant legal provisions concerning criminal facts, Article 166 (1) of the Criminal Act (the occupation of setting fire to general buildings) and Article 53 (5) of the Forest Protection Act (the occupation of setting fire to other forest due to negligence and the choice of imprisonment);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Reasons for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (limited to the sum of the long-term punishments in the above two crimes) of the Criminal Act among concurrent crimes.

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