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(영문) 광주지방법원 순천지원 2013.05.15 2013고단421
산림보호법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On February 28, 2013, at around 11:53, the Defendant reported the form of vinyl in the adjoining areas of the old Military Court C, and added it to the thought that it would be incinerated and treated.

At the time, due to the low dampness, in this case, there is a duty to take preventive measures to prevent the outbreak of forest fires so that the forest fire may not be used or that the fire may not be broken out due to the wind in a mountain.

Nevertheless, without taking such preventive measures, the Defendant was negligent by burning a fire on a vinyl with a fire well attached with a fluor, and caused a fire to be moved to the fluoral acid on the wind, and continued to spread the same fluoral group C 13,410 square meters and fluoral D 1,390 square meters in the same fluoral group.

As a result, the Defendant caused by negligence the damage of standing timber amounting to KRW 6,107,980 by burning a forest owned by others, and damaged the forest by causing KRW 7,086,240 of the expenses for afforestation and restoration.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Reporting on forest fire damage and damage situations;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article 53 (4) of the Forest Protection Act concerning criminal facts and the selection of punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (the first crime and the mistake against the victim, and considering the fact that the victim does not want the punishment);

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