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(영문) 대구지방법원 안동지원 2019.10.30 2019고단311
산림보호법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 12:35 on April 4, 2019, the Defendant: (a) was engaged in felling standing timber in Yancheon-gun B; (b) destroyed approximately 4.0 h of state forests under the jurisdiction of the Korea Forest Service, which are located on the floor of the Korea Forest Service, to cover the recovery cost in 25,334,100 won, on the wind that had a stringer's fire, even if the Defendant did not string tobacco, as it was carried out with a mechanical saw using oil, and thus, there is a high risk of fire. Therefore, even if the Defendant did not string tobacco, the Defendant carried approximately 4.0 h of state forests under the jurisdiction of the Korea Forest Service, which had a stringer's fire, by negligence, to move it to a stringer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 53 (5) of the Forest Protection Act and Article 53 (5) of the same Act concerning criminal facts and the selection of sentence;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the instant crime was committed on the ground of the suspended sentence, but the damage area is not that of the minor liability.

However, it shows a attitude against the defendant's wrongness, and there is no record of the crime exceeding the fine, 16,806,950 won of the damage compensation due to forest fire damage is imposed on the defendant, and the defendant's age, character and conduct, environment, means and consequence of the crime, etc., and other various sentencing conditions specified in the trial process of this case, such as the circumstances after the crime, shall be determined as the sentence

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