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(영문) 전주지방법원 2013.08.29 2013고단1446
산림보호법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On March 12, 2013, the Defendant: (a) around 12:30 on March 12, 2013, at Kim Jong-si, another person’s possession; (b) at the time, a large wind has broken down; (c) so, the Defendant neglected his duty of care to prevent forest fires by reporting to the competent authorities and on the presence of public officials, such as carrying miscellaneous plants on the shore, and destroyed the 118,000 square meters of the forest land owned by the said other person, which is worth KRW 63,981,00,000, which is the damage amounting to KRW 63,981,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A report on actual condition of the police;

1. Each investigation report and evidential materials attached thereto;

1. Application of statutes in the forestry register;

1. Article 53 (4) of the Forest Protection Act applicable to criminal facts and Article 53 (4) of the Election Protection Act;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (a) of the suspended execution (absent circumstances favorable to the Defendant, such as the fact that the Defendant was old, the victim considered the Defendant’s wife and agreed smoothly with the victim, considering the Defendant’s wife’s location, etc.) exceeds the scope of

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