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(영문) 광주지방법원 순천지원 2015.05.15 2015고정347
산림보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 07:30 on January 8, 2015, the Defendant discarded the stoves from the stove boiler used by the Defendant’s management from the s to the valley.

Since the surrounding areas are mountainous areas, and there is a danger that a fire remaining after a fallen leaves is fluording on the floor, or a fire is moved to nearby forests and fields, there was a duty of care to prevent the movement by checking whether a fire was completely cut out and dumping it into a place without a fallen leaves.

Nevertheless, the Defendant neglected to do so and destroyed the fire by having the shot boiler laid down on the land where the fallen leaves are burled, and by having the 960 square meters out of the above forest land owned by C with the wind.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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