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(영문) 서울북부지방법원 2019.09.06 2019고합257
산림보호법위반
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around April 13, 2019, the Defendant: (a) had weak ability to distinguish things or make decisions due to a scambling’s mental retardation with intellectual disability 3; and (b) had weak ability to discern things due to a scambling of unknown details; (c) had been in possession of a forest owned by Dobong-gu Seoul, Dobong-gu, Seoul, by using a disposable tool, which was in possession of a forest owned by C; and (d) transferred a fire to the neighboring forest; and (e) had the forest owned by another person be in excess of KRW 990 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (in cases of taking a suspect's head shotnings, etc.), investigation report (related to hospitalization of a suspect), investigation report (in cases of hospitalization of a suspect), investigation report (in cases of photographing video images of a suspect), investigation report (in cases of photographing video images of a suspect),

1. A report on the results of on-site meals and a report on the association where a fire occurred;

1. Application of statutes on site photographs;

1. Article 53 (2) of the Forest Protection Act related to criminal facts;

1. The defendant under Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental illness is Grade 3 intellectual disability. After the crime of this case, immediately after the crime of this case, the defendant complained of an investigative agency, who was investigated at the investigative agency, complained of her frien and uneasiness and uneasiness, and the investigative agency requested the emergency hospitalization of the suspect to the nearby hospital. The investigation agency made the request for emergency hospitalization of the suspect to the nearby hospital. As it is deemed necessary by the competent authority, the suspect was hospitalized in the above hospital for 26 days through the receipt of the competent Gu office. The doctor in charge diagnosed the suspect as "a mental retardation with other disorder of action, a detailed unknown illness" for the suspect while treating the suspect during the hospitalization period. In full view of the fact that the defendant drinking alcohol while having mental illness as above, and went back to mountain, and the defendant's speech and behavior in the party court, the defendant at the time of the crime of this case.

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