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(영문) 부산지방법원 2015.10.16 2015고합398
산림보호법위반
Text

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

One color colorer (No. 1) for once seized shall be confiscated.

Reasons

Punishment of the crime

No forest, forest conservation zone, or protected tree owned by another person shall be neglected.

1. On February 25, 2015, the Defendant: around 14:59 on February 25, 2015, retired from C (waste collection company) who worked as street cleaners for a period of 107-1 fishery product from 107-1 fishery product located adjacent to the Sindong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and destroyed the forest area by 0.03 square meters (10 square meters) of the forest area by inserting the social complaints that would not be sought after the withdrawal from C (waste collection company) and by using them as a fluoror, etc., who was born in the place where pine trees are gathered in advance.

2. On February 26, 2015, at around 12:56, the Defendant: (a) destroyed the forest area by 0.003 ha (10 square meters) with a disposable dog with a single-use bar in which trees were gathered and prepared in advance at a place where trees were gathered for the same reason as paragraph (1) at the fishery sports facilities owned by the Taeyang Institute of the Taeyang-gu, Busan Metropolitan City, a Hot Spring-dong School; (b) around February 26, 2015, the Defendant destroyed the forest area by 0.03 square meters (10 square meters) of the forest area.

3. On February 27, 2015, around 13:05, the Defendant: (a) destroyed the forest area by 0.003ha (1 square) with a single-use log for which a tree was gathered in the vicinity of the Busan dong-dong Busan Mandong-dong Fisheries Institute for the reason under paragraph (1) at the place where the pine trees are gathered for the same reason as that of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each report on the occurrence of a fire;

1. On-site photographs, such as the investigation report, on-site photographs, etc.;

1. Application of Acts and subordinate statutes to police seizure records;

1. Article 53 (1) of the Forest Protection Act related to criminal facts;

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes as stated in paragraph (2) of the same Article) of the Criminal Act;

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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