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(영문) 전주지방법원 정읍지원 2018.10.16 2018고정89
산림보호법위반
Text

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

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

Reasons

Punishment of the crime

around 10:00 on February 17, 2018, the Defendant arranged waste vinyl C, which was owned by the Defendant, to avoid tobacco.

At the time, weather was dried and there was a forest in the vicinity, so there was a duty of care to prevent forest fire from sprinking by preventing tobacco from sprinking.

Nevertheless, the Defendant neglected to smoke, and destroyed a forest with approximately 50 square meters of a fluor, which was managed by the victim D, G owned by the victim F, and I owned by the victim H, with the fluoring of the tobacco to fluor around, while smoking the tobacco.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence and damage situations of forest fires;

1. Application of Acts and subordinate statutes to forest register;

1. Relevant Article 53 of the Forestry Protection Act concerning facts constituting an offense, Article 53 (5) 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 on the Aggravated Punishment of Provisional Payment Order was due to the Defendant’s negligence in sentencing, and there was a serious risk of causing serious damage to the forest. In light of the fact that considerable number of fire-fighting personnel and equipment have been posted for the extinguishment of fire caused by the Defendant’s crime and unnecessary expenses have occurred in society and nation, the nature and circumstances of the instant crime need to be strictly punished.

However, the defendant's best efforts to spread a forest fire early, and the area of the damaged forest as a result of extinguishing a fire early by many people, helicopters, forest fire fighting vehicles, and fire fighting vehicles are called to the early stage, and the damaged area of the forest is not broad, the damage restoration by the defendant agreed to restore the damage to the victim of the fire, the defendant was a first offender who has no record of punishment or investigation for the crime, the defendant's living in a small-scale cultivation is unlikely to economic situation and is not good, and the defendant's age, sexual behavior, environment, and the previous crime are followed.

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