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(영문) 대전지방법원 서산지원 2018.05.30 2018고단226
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반등
Text

Defendant

A A A shall be punished by a fine of 4,000,000 won, by a fine of 2,000,000 won, and by a fine of 2,00,000 won, respectively.

Reasons

Punishment of the crime

1. Where a person who violates the Act on the Safety Management of Firearms, Swords, Explosives, etc. of Defendant A intends to possess a gun among guns, he/she shall obtain permission for possession from the head of a police station having jurisdiction over the domicile, as prescribed by Ordinance of the Ministry of Information and Communication;

Nevertheless, the Defendant, without obtaining permission from the head of the police station having jurisdiction over the police station on January 28, 2018, against air gun (CAREREE 707, total :F) around Seosan-si E, Seosan-si.

2. No person who violates the Act on the Protection and Management of Wild Fauna and Flora of Defendants shall capture, gather, or kill species prescribed by Ordinance of the Ministry of Environment among wild animals that do not fall under endangered wild animals, and conduct hunting in any place other than a hunting ground designated by the head of a Si/Gun/Gu;

Nevertheless, the Defendants conspired to capture wild animals, such as rushing the possession of air guns by Defendant A as in paragraph (1).

Accordingly, on January 28, 2018, Defendant C driven Defendant A and Defendant B on the G sealed 3 vehicles in the vicinity of Seocho-si E, Sinsan-si, which is not a hunting ground on January 28, 2018. Defendant B colored wild animals to be captured in the surrounding area, and Defendant A captured 16 strimule and 2 mama in the manner of launching air guns as stated in paragraph (1) of this Article.

As a result, the Defendants conspired to capture wild animals that do not fall under endangered wild animals, which are prescribed by Ordinance of the Ministry of Environment.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the Acts and subordinate statutes on seizure records, lists, internal investigation reports (as to the registration of a total term), documents attached to the seizure records, such as photographs of a total term), photographs of seized articles, records of destruction, and photographs of destruction;

1. Article 70 (1) 2 and Article 12 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc.

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