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(영문) 전주지방법원 정읍지원 2018.07.17 2018고단113

총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반등

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The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Where any person who violates the Act on the Safety Control of Firearms, Swords, Explosives, Etc. intends to possess guns, he/she shall obtain permission from the head of a police station having jurisdiction over the domicile;

Nevertheless, the Defendant did not obtain permission from the head of the Dong-Eup Police Station having jurisdiction over the Defendant’s domicile, and had a large amount of air gun (new glaf -707, manufacturing number B) with a length of 5.5 meters from the name in secret, known to the Defendant around 2013, and kept the said air gun in a vinyl house, etc. located in Jung-Eup Si from around 2018 to January 20, 2018.

Accordingly, the defendant possessed a gun without obtaining permission from the competent authorities.

2. No person who violates the Act on the Protection and Management of Wild Fauna and Flora shall hunted animals without obtaining a hunting license from the head of a Si/Gun/Gu having jurisdiction over his/her domicile, or hunted animals in a place other than a hunting ground;

Nevertheless, the Defendant, without obtaining a hunting license from the Si/Eup/Myeon having jurisdiction over the domicile of the Defendant, huntedd on January 20, 2018, 16:30, the Defendant, with a total of 5.5 meters air gun (new character -707, manufacturing No. 2) in length in which the Defendant was in possession of 5.5m air guns (new character -707, manufacturing number No. 2) with a total of 2 shots in the air of the Defendant, to catch a spawn around 16:30 on January 20, 2018.

As a result, the defendant has hunted in a place other than a hunting ground without obtaining a hunting license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (Nos. 3, 5, and 10 once a year);

1. Application of Acts and subordinate statutes on disposal records;

1. Article 70(1)2 and Article 12(1) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. for criminal facts, Articles 69(1)12 and 42(2) of the Protection and Management of Wild Organisms Act (the point of hunting outside a hunting ground) and Article 69(1)14 of the Protection and Management of Wild Organisms Act.