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(영문) 전주지방법원 군산지원 2018.08.31 2018고단620

야생생물보호및관리에관한법률위반등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Where any person except those who are able to possess guns without permission pursuant to Acts and subordinate statutes violating the Act on the Safety Control of Firearms, Explosives, Etc., intends to possess air guns, he/she shall obtain permission from the head of a police station having jurisdiction over a residential area as prescribed by Ordinance of the Ministry

Nevertheless, on January 25, 2018, the Defendant discovered 1 1 and 2 5.5m air gun, which was loaded around the dried warehouse of the Defendant in the Si of Gun, around the early 19:00, and possessed it until February 25, 2018 without obtaining permission to possess air gun from the head of the police station having jurisdiction over the place of residence.

2. No person who violates the Act on the Protection and Management of Wild Fauna and Flora shall capture or gather, or kill, birds, etc. prescribed by Ordinance of the Ministry of Environment among wild animals which do not fall under endangered wild animals;

Nevertheless, on February 25, 2018, the Defendant captured 1 5.5m air gun, which is wild animals, using an air gun in the vicinity of the interest village in the area of the Sinsan-si, Sinsan-si, which is located in the area of the Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of detection of C;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of seized guns and ostrine Acts and subordinate statutes;

1. Article 70 (1) 2, Article 12 (1) 2 (the point of possession of an unauthorized gun), Article 69 (1) 6, and Article 19 (1) (the point of capture of endangered wild animals) of the Act on the Protection and Management of Wild Fauna and Flora, and Article 19 (1) (the point of possession of an unauthorized gun) of the Act on the Safety Control of Inspection of Explosives, Etc., for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant, without permission even in 2016, was punished by a fine, while carrying air guns without permission, in addition, the Defendant committed the instant crime.