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(영문) 광주지방법원 해남지원 2018.01.11 2017고정99
야생생물보호및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall capture, gather or defoliate species prescribed by Ordinance of the Ministry of Environment among wild animals which do not fall under endangered wild animals.

Nevertheless, around 12:30 on December 29, 2016, the Defendant captured 15 horses of Cheongnam-gun with a hunting gun from reclaimed land near South-Namnam-gun B in order to capture live animals, and captured 10 horses of Cheongnam-gun other than 5 horses of Cheongnam-gun with a permit to capture live animals.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against C;

1. A protocol of seizure and a list of seizure;

1. A permit to capture aquatic animals;

1. On-site photographs;

1. The investigation report (the response of communication confirmation data of D, the confirmation of the location of the sending base station of A, E, and D on the day of the crime, the attachment of a gun pocket book, the witness F and telephone conversations with witness F, the statement attached to the statement of communication confirmation data, the statement of communication confirmation data attached to the 112 report processing), the internal investigation report (the attachment of the G seal and the comprehensive details of vehicles), the report on the violation of the Protection of Wild Fauna and Flora Act [the defendant was not at the scene of the crime at the time of the crime, and there was no fact of capturing the Cheong

However, the following circumstances acknowledged by the court’s legitimate examination of evidence are as follows: ① the Defendant released his own firearms from the H District of the Southern Police Station, and moved to the surrounding area of the instant site at around 10:05 on the day of the instant case; ② In the investigation agency, C, the reported person of the instant case, stated that “A, at the site of the instant case, escaped with only a gun, left 2-3 math of the original 2-3 math, which was cited by the Defendant; E, while leaving a G vehicle in the possession of the Defendant and leaving the vehicle to the farm, left the vehicle to the farm.” At the same time, F, a witness, stated that “A person who escaped with a gun in the middle of dus where the original was abandoned, she shall be the Defendant,” and ③ the Defendant was found to have 15 math gate, which was captured at the site of the instant case, and ④ the Defendant on the day of the instant case

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