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(영문) 전주지방법원 남원지원 2017.06.27 2017고단78
산림보호법위반
Text

The punishment of the accused shall be determined by four months of imprisonment.

except that the sentence shall be imposed for a period of one year from the date the judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall put the general public in danger by burning another's forest by negligence by burning it on or by negligence.

On March 12, 2017, around 12:47, the Defendant retired from the Defendant’s answer owned by the Defendant, which was located in the Nam-gun C, with a terter fire.

Since there was a place adjacent to the place of mountainous district owned by others, there was a duty of care to take measures to immediately extinguish when a person retires the answer.

Nevertheless, the Defendant neglected this and moved a fire to a neighboring forest due to negligence that did not properly take fire-prevention measures, and caused the Defendant to extinguish a total of 13 lots of forest owned by others, which is equivalent to 59,633 square meters in total, such as the area D, etc. of the remaining head of the Dong-gun, which is owned by another person, such as a clan and F.

Summary of Evidence

1. Statement by the defendant in court;

1. F's certificate of fact;

1. Application of the on-site investigation report, location map of damaged areas, current status of damaged areas of forest fire, list of damaged areas, register of forest land, register of forest land, and Acts and subordinate statutes;

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 grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the following grounds for sentencing) and other conditions of sentencing as indicated in the records, including the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, shall be determined by comprehensively taking into account the following circumstances.

- The negligence of the Defendant who contributed to the instant fire is considerably serious.

The area of the forest where the defendant's fire is very wide.

The restoration cost due to the defendant's act reaches 31,417,00 won. If the defendant's property status is considered, it does not seem that there are many ways that the defendant can conduct restoration.

This is an unfavorable circumstance, and in consideration of these circumstances, excessive measures such as suspending sentence to the defendant are taken.

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