logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.10.16 2018고합136
산림보호법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On April 2, 2018, around 10:40 on April 10, 2018, the Defendant laid away a cigarette butts from the forest road to set a farm road to the land in the mountain owned by the land in Busan-gun C, Busan-gun.

No one shall smoke a cigarette or throw away a cigarette butts in a forest or a forest contact, and even if he/she has a duty of care to throw away a cigarette butts in a safe place when he/she throws away the cigarette butts, the defendant neglected this duty and moved a cigarette butts to a shot in a drainage channel by negligence, while neglecting it.

As a result, the Defendant caused the public danger by setting fire of approximately 3,300 square meters of wild pine trees with approximately 1,139,000 square meters of forest land owned by the victim D and two others.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each investigation report (the sequence 7,8,9 of the evidence list);

1. Application of fire reporting-related Acts and subordinate statutes;

1. Article 53 (5) of the Forestry Protection Act (the occupation of fire by negligence) and Article 170 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the provisions of the Forest Protection Act of which punishment is heavier);

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won; and

2. It is an ordinary concurrent crime and for which the sentencing criteria are not set.

3. The sentence of a fire has occurred due to the negligence of the defendant in the decision of sentence, and the responsibility of the defendant shall not be minor in light of the area of the damage, the degree of damage to the forest, the amount of damage, the scale of human resources mobilized in the process

These points are disadvantageous to the defendant.

The Defendant led to the confession of each of the crimes in this case, and repented the wrong facts.

Some victims (E, D) this defendant.

arrow