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(영문) 광주고등법원 2020.12.08 2020노200
산림보호법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than three years and not more than 160 hours, community service work, and forfeiture of Nos. 1 and 2) that the court below sentenced to the defendant is undue.

2. The Defendant recognized all of the crimes from an investigative agency and said that he/she would not repeat the same crime again.

There is no history that the defendant has been sentenced to a fine exceeding the fine.

Of the seven owners of the damaged forest of this case, D and H do not want to be punished against the defendant.

However, fire-fighting crimes generally undermine public safety and peace, and are likely to be criticized for crimes that may cause serious damage to the lives and property of many citizens.

The defendant committed a serious crime that may cause substantial damage to human life and property if he/she destroys a forest owned by another person near his/her place of residence more than six times repeatedly for three months and nine days in which forest fire can occur due to dry weather.

As a result of the Defendant’s crime of this case, fire-fighting personnel and facilities were input to extinguish fire, and unnecessary expenses were generated socially and nationally.

Nevertheless, the Defendant seems to have failed to make efforts to recover damage, such as restoring the forest destroyed by the instant crime, etc.

In full view of these various circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, all of the sentencing conditions shown in the trial process of this case, such as the circumstances after the crime, it is judged that the sentence imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows.

[The reasons for the judgment of multiple court] The summary of criminal facts and evidence is recognized by the court.

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