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(영문) 대전지방법원 논산지원 2016.07.19 2016고단216
산림보호법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall enter a forest with fire or with fire.

Nevertheless, at around 14:00 on March 12, 2016, the Defendant: (a) laid away tobacco butts in Chungcheongnam-gun, a forest, around 14:00, around 12, 2016, around 12, 12,219 square meters of forest land owned by C and D clan E (hereinafter “E omitted), which is owned by J, G, H, I, and two persons, K, and four persons, M, and N, P, Q owned by 2,00,000 square meters; and (b) carried approximately 478glus of standing trees in a forest area, such as R, Q ownership R, C, U owned, and W owned by the Defendant.

As a result, the Defendant, by negligence, went on another's forest and burns his own forest to put the public in danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Basis for calculating the amount damaged by forests;

1. Current status map;

1. A report on investigation (Attachment to forest register);

1. Application of statutes on site photographs;

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

1. The scope of forest damage caused by the negligence of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is not small, and there is no agreement with the victims, and there is no unfavorable circumstance. However, the defendant reflects the defendant's wrong and there is no criminal history of probation or higher, and the defendant has no criminal history of probation or higher, and the defendant's age, sex, environment, circumstances after the crime, and all of the sentencing conditions specified in the arguments of this case shall be determined as ordered by the order.

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