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(영문) 광주지방법원 2020.10.23 2020고정667
산림보호법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around 10:00 on March 31, 2020, the Defendant sought to board the dry field in question before planting a new crop in the dry field, in a dry field that was leased by the Defendant, who was in the Yannam-gun B.

At the same time, there was a strong wind at the time of birth, so there was a duty of care to keep the fire from spreading to the forest, such as preparing the fire extinguishing equipment sufficiently in preparation for the case of the fire.

Nevertheless, the Defendant neglected this and caused the fire to go to dry field, and caused about 325 square meters of the forest to break to the same Gun, which is the ownership of a clan.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes governing the de facto survey report and the post facto survey report;

1. Article 53 (5) of the Forest Protection Act and Article 53 (5) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order recognize and reflects his mistake, the area of the damaged forest is not significant, and there is no criminal conviction exceeding the same kind and fine for the defendant.

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