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(영문) 수원지방법원 여주지원 2017.08.28 2017고정190
산림보호법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 19, 2017, the Defendant laid a fire in order to incinerate down a miscellaneous grass in Gyeonggi-si C.

There was a place where it is easy to move to the surrounding forest due to the surrounding areas of the forest, and there was a continuous wind at the time, so there was a duty of care to prevent the defendant from moving to the surrounding areas.

Nevertheless, the Defendant neglected this and caused the Defendant to leave the forest of approximately KRW 15,400 square meters (around 7,035,040 of the damaged amount) by moving the fire to the Gyeonggi E, which is the ownership of the D clan.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Attachment, such as a written report on the offender's domicile, a certificate of registration;

1. Application of Acts and subordinate statutes to the investigation report (the report of confirmation, such as the first point of origin);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is the confession of the instant crime, the first offender, and the elderly circumstances are recognized.

However, considering the fact that the damage amount caused by the instant crime is considerable and that the damage was not recovered at all, the amount of fine according to the summary order does not seem to be excessive.

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