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(영문) 청주지방법원 충주지원 2017.03.22 2016고단514
산림보호법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On June 2, 2016, around 14:00, the Defendant incinerated construction materials in the above forest land by burning it.

The above place is a mountainous district, and since the above place was adjacent to another person's land, there was a duty of care to take measures for immediate extinguishment when it was not transferred or transferred.

Nevertheless, the Defendant neglected this and failed to appropriately take fire-prevention measures, and caused the building materials, etc. incinerated as above to be moved to an adjacent mountainous district due to wind, making it difficult for the Defendant to put the aggregate of 10,367 square meters of the forest area, such as D, which is another person.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and the location map;

1. Each on-site photograph and aerial photography;

1. Application of Acts and subordinate statutes governing registration;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The circumstances that are favorable to the wide size of the forest destroyed by the instant crime: the Defendant recognized the instant crime; according to the actual situation investigation report and the photograph submitted by the Defendant, the trees of the instant forest land are living again without being dead, and the amount of damage incurred by the instant forest fire is not relatively large to KRW 6,093,720,00, in consideration of the above circumstances and the Defendant’s age, sex behavior, environment, background, means and consequence of the instant crime; and the circumstances after the crime, etc., the punishment shall be determined as ordered by the order, in consideration of all the sentencing conditions such as the following circumstances and the Defendant’s age, sex, environment, method and consequence of the instant crime.

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