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(영문) 전주지방법원 2015.04.29 2015고단237

총포ㆍ도검ㆍ화약류등단속법위반

Text

Defendant

A shall be punished by a fine of 1,00,000 won and by imprisonment of 4 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. No person who has obtained permission to possess a gun shall transfer the gun to any person other than those who have obtained permission to possess the gun;

Nevertheless, on December 2009, the defendant transferred one air gun (in the case of manufacturing: towing guns and manufacturing numbers: D) to B (the birth of the defendant) who did not obtain permission to possess a gun at the residence of the defendant in Haju-gun C, 2009.

2. Defendant B

(a)No person who has not obtained permission to possess guns shall take over guns.

Nevertheless, the defendant acquired one air gun as shown in paragraph (1) from the above A, who is the defendant, at the time and place mentioned in paragraph (1).

(b) No person who violates the Wildlife Protection and Management Act shall hunting in a place other than a hunting ground;

Nevertheless, on November 30, 2014, the Defendant captured 2 15 matriarch by using air guns in the banks near the Yju-gun Scong Scene of the Yan-gun, which was not established as a hunting ground on November 30, 2014.

As a result, the defendant hunted in a place other than a hunting ground.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. A report on occurrence;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article applicable to criminal facts;

(a) Article 71 Subparag. 3 and Article 21(4) of the Control of Firearms, Swords, Explosives, etc. (the fact of violating restrictions on transfer and takeover and the selection of fines) of the same Act;

B. Article 71 subparag. 3, Article 21(4) of the Control of Firearms, Swords, Explosives, etc. Act (violation of Restriction on Transfer or takeover), Article 69(1)12, and Article 42(2) of the Wildlife Protection and Management Act (Article 71 subparag. 3, Article 21(4) of the Act on Control of Firearms, Swords, Explosives, Etc.)

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant B);

1. Articles 70(1) and 69 of the Criminal Act for the detention in a workhouse (Defendant A).