총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반등
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the prosecutor’s statement made by A is admissible by recognizing the substantial authenticity of the suspect interrogation protocol for himself/herself prepared by the prosecutor, and even though the above statement is credibility and it is sufficiently recognizable that the defendant conspireds with A, the court below acquitted all of the facts charged, which is erroneous in the misapprehension of facts or in the misapprehension of legal principles.
2. Determination
(a) A person who violates the Act on the Protection and Management of Wild Fauna and Flora shall not capture, gather, or defoliate species prescribed by Ordinance of the Ministry of Environment among wild animals that do not fall under endangered wild animals, and shall not conduct hunting in a place prescribed by Ordinance of the Ministry of Environment as an urban area, an area near the authorized area, or a place prescribed by Ordinance of the Ministry of Environment where many people frequent or gather, or a vehicle or road in operation within 100 meters.
Nevertheless, on January 31, 2016, at around 17:30 on the 17:30, the Defendant, as a Cheongyang-si’s original habitat, operated a vehicle with Egalloning in front of the road in front of 100 meters from the authorization, using the Cheongyang-si’s Dominton-gu 408-14, a Cheongyang-gu, a large scale of 100 meters from the authorization. A, as mentioned above, launched three Cheongyang-gu Domins to the Cheongyang-gu Domin, a vehicle in front of the road in front of 100 meters from the authorization, was hunted by capturing three Cheongyang-gu Domins.
As a result, the defendant captured the species of wild animals, which do not fall under endangered wild animals, as prescribed by Ordinance of the Ministry of Environment, and hunted them in a place within 100 meters from the city area, the vicinity of the authorization or other places where many people frequent or gather, as prescribed by Ordinance of the Ministry of Environment, vehicles in operation, and roads.
2) Any person who violates the Act on the Safety Control of Firearms, Swords, Explosives, Etc. shall be permitted to possess guns except for the permitted use or any other justifiable reason.