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(영문) 전주지방법원남원지원 2020.11.24 2020고정32

총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반

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Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. No person who has obtained permission to possess a gun for defendant A shall lend a gun to another person;

Nevertheless, from January 11, 2020 to 16:40 on January 11, 2020, the Defendant lent the shot gun (bro bargaining, total number: D) that the Defendant obtained permission from the chief of the Seoul Western Police Station to B, while making a rush match with B in the vicinity of the Northwest-gun C.

2. Defendant B

(a) A person who is permitted to possess guns in violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. shall not lend guns to another person;

The defendant obtained permission to possess guns from the head of the Gyeonggi-do Police Station, and borrowed shot gun (bro bargaining, total number of d) from A in order to do so at the time and place specified in paragraph (1).

(b) Those who intend to hunted game animals in a hunting ground in violation of the Wildlife Protection and Management Act shall pay hunting ground usage fees to a person who has established a hunting ground, as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, at the time and place specified in paragraph (1), the Defendant hunted ostrine without obtaining approval for hunting from the head of the Gun who has established the hunting ground.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (Seizure of criminal evidence evidence), 112 report processing sheet, 112 report handling sheet, permission for possession of a gun, copy of a hunting license (B), and confirmation as to whether the head of a Si/Gun hunting ground has been approved in 2019-20;

1. Application of three Acts and subordinate statutes to seized articles photographs and site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 71 subparag. 3 of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. and the former part of Article 21(5) and the selection of fines;

B. Defendant B: Article 71 subparag. 3 of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., the latter part of Article 21(5) (the point of borrowing guns), Articles 69(1)15 and 50(1) (the point of unauthorized hunting) of the Wildlife Protection and Management Act, and each fine shall be imposed.