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(영문) 수원지방법원 성남지원 2016.06.17 2016고정509
산림보호법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 11, 2016, the Defendant, at around 15:00, worked in the Gyeonggi-si, Gwangju-si, and the Defendant’s dwelling, to retire off law.

At that time, there was a duty of care to prevent forest fire in advance by preventing the defendant from moving into an adjacent forest area because weather was built and winded.

Nevertheless, the Defendant neglected his duty and destroyed a forest with approximately KRW 1,00 square meters attached to the E forest owned by the same clan behind the above residence by negligence.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article of the Act concerning facts constituting an offense and Article 53 (4) of the Forest Protection Act concerning the selection of punishment.

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

1. Although the scale of forest damage due to the defendant's negligence in sentencing of Article 334 (1) of the Criminal Procedure Act does not small due to the reason for sentencing of the Criminal Procedure Act, the owner of a forest has agreed with the owner of the forest. The defendant has no particular criminal history other than one time before a long period of suspension of execution, the defendant reflects his mistake, and the defendant is an old age, etc., the sentence shall be determined as per the order.

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