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(영문) 광주지방법원 2015.11.26 2015고정1226
산림보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 12:50 on March 11, 2015, the Defendant was able to see a candlelight in the dry field owned by the Defendant, which was located in the Ganyang-gun B, and the Defendant was frightened at the time, and there was a dry field and forest land owned by another person in the vicinity. In such a case, despite the Defendant’s duty of care to prevent a fire from being put to the forest by fixing the candlelight so as not to go beyond the candlelight and preparing fire extinguishing equipment in advance, the Defendant neglected to do so, and caused the fire to move the 7,840 square meters to the C forest owned by another person.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's partial statement in the first police interrogation protocol against the defendant;

1. Each police statement made to D, E, and F;

1. A investigation report (the analysis of information on public morals, wind, and wind fung-gun on the day of this case);

1. Each observation data from the Korea Meteorological Administration;

1. Each forest geographical information and each forest cadastral information and each forest cadastral register;

1. Application of Acts and subordinate statutes on photographers and site photographs;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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