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(영문) 창원지방법원 진주지원 2018.11.23 2018고단1080
산림보호법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 3, 2018, the Defendant incinerated waste from the land C at Jinju-si, with a fire as a match.

Since there are a large number of forests in the nearest area, there was a duty of care to prevent forest fires by planting it by taking measures to prevent a fire from spreading.

Nevertheless, while neglecting this, the Defendant neglected to move the fire to a neighboring forest and field in the direction of the fire, and destroyed approximately 3,466 cubic meters of the forest and field in three lots owned by others, such as E, the victim D, etc.

Ultimately, the Defendant was able to kill another person’s forest due to the foregoing negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on field photographs;

1. Relevant Article 53 of the Forestry Protection Act concerning facts constituting an offense and Article 53 (5) of the same Act concerning the selection of punishment;

1. It is so decided as per Disposition for the reasons above Article 62(1) of the Criminal Act (the first crime and the elderly, etc.).

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