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(영문) 울산지방법원 2016.11.17 2016고정540

야생생물보호및관리에관한법률위반

Text

Defendant

A shall be punished by a fine of 800,000 won, and a fine of 300,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who has hunted with permission number C from the Ulsan Central Police Station, and Defendant B is a person who has hunted with permission for each hunting permission number D from the Ulsan Central Police Station.

No hunting shall be conducted in the vicinity of a hunting ground, or in a place prescribed by Ordinance of the Ministry of Environment where many people frequent or gather, even in the hunting ground.

1. Defendant A, at around December 6, 2015, did not comply with the restrictions on hunting by spreading three hunting guns, which were held to strimule a strif in a mountain ridge near the 46-meter away from the authorization granted in Ansan-si around December 12:35, 2015.

2. Defendant B had shot gun and 10 ball cartridges for hunting at the time and place described in paragraph (1) and did not comply with the restrictions on hunting by displaying a match near the authorization.

Summary of Evidence

1. Defendants’ respective legal statements

1. The witness H’s legal statement (as to the defendant B)

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Defendants: Article 70 subparagraph 15 of the Act on the Protection and Management of Wild Animals and subparagraph 1 of Article 55 (Selection of Fine) of the same Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act