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(영문) 대구지방법원 상주지원 2017.12.12 2017고단478
산림보호법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around 06:00 on May 6, 2017, the Defendant was on board a closed bus in a factory area adjacent to an orchard located in C when residing at around 06:0.

At that time, there is a duty of care to prevent the occurrence of forest fires by taking appropriate measures so that the fire does not spread around the people with a strong wind and dry weather.

Nevertheless, the Defendant: (a) failed to ascertain the fact that the fire was completely cut after burning the waste wing paper; (b) neglected to ascertain the fact that the fire was completely broken; (c) on the same day, the 14:10 square meters of the same day spreads to a grass around the surrounding area; and (d) caused approximately 860,000 square meters of the above E, which is owned by D, to extinguish a forest of approximately 43 square meters, such as the above E.

Accordingly, the Defendant was negligent in burning another person's forest.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect prepared by a special judicial police officer against the defendant;

1. Statement made by the police with regard to F;

1. Each investigation report (No. 11, 15, 16 No. 16);

1. A survey report on actual condition, a location map of damaged areas, the current status of damaged areas for forest fires, the calculation report on the damage amount of standing timber, etc., the register of forest land, a certified copy of a forestry map, a certificate for all registered matters, and a report

1. Application of statutes on site photographs and copies of site photographs;

1. Relevant legal provisions on criminal facts and Article 53(5) of the Forest Protection Act (Selection of Imprisonment) provides that the defendant's reasons for sentencing is recognized and reflected in the crime.

There is no particular criminal offense against the defendant.

There are more favorable circumstances such as the above.

However, this case is caused by the defendant's negligence, but the damaged area is very wide to about 860,00 square meters.

The owner of the damaged area also leads to the number of members in addition to the clans recorded in the facts of crime.

The total amount of expenses and other damages incurred in restoring them exceeds KRW 1.25 billion.

In addition, this fire caused to the mountain at the time.

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