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(영문) 창원지방법원 거창지원 2018.07.25 2018고단125
산림보호법위반
Text

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

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

Reasons

Punishment of the crime

On February 21, 2018, the Defendant was engaged in agriculture, and was subject to the duty of care to prepare for the possibility of catching fire or spreading fire by wind, etc. in light of weather conditions, dampness, wind, etc.

Nevertheless, by negligence, the Defendant neglected this, caused the damage to the standard amount of damage on standing timber to KRW 290,936,000, a forest owned by another person equivalent to the total area of 26 lots, such as E-owned forest owned by a son, which is located adjacent to D, the wind day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Details of on-site investigations into areas damaged by forest fires, trends in the market prices of domestically-produced raw resources, and public notification of the standards for imposition of creation costs of alternative forest resources in 2018;

1. Topographic map, observation map and field photographer;

1. Application of Acts and subordinate statutes to each investigation report (measures to be taken by time zone for fighting a forest fire, hearing statements from the head of a village located in a damaged area by telephone, hearing statements from the Gohap-gun forest and public officials in charge);

1. Relevant Article 53 (5) of the Forest Protection Act, the choice of punishment for an offense, and the choice of imprisonment;

1. Article 62(1) of the Act on Suspension of Execution (The circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and seriously reflects his mistake, and that the defendant is an old and has no past record of punishment, shall be considered);

1. Article 62-2 of the Criminal Act on the observation of protection;

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