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(영문) 광주지방법원 순천지원 2018.12.06 2018고합195
문화재보호법위반등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

(b) A large body of wild animals (No. 201-2) with the interest of a State-designated cultural heritage (No. 201-2 of a natural monument) located on the waters of the reservoir, which died of one mast as air gun (or 5.5m m odon), which falls under Class II endangered wild animals;

3. Where a person other than a gun manufacturer, etc. violating the Act on the Safety Control of Firearms, Swords, Explosives, Etc. intends to possess guns or their parts or explosives, he/she shall obtain permission from the head of the police station having jurisdiction over the domicile;

Nevertheless, the Defendant acquired one air gun (former 5.5m b83, manufacturing number 7112) which is a gun in the front of the E reservoir in 2008, after acquiring approximately 30 U.S. ammunition (5m 5m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Each police statement made against ***

1. On-site photographs (use vehicles and carcasses), investigation reports (Attachment to x-ray photographs of x-ray);

1. A written result of autopsy;

1. Application of each protocol of seizure and each statute of the list of seizure;

1. Article 69(1)6 of the Act on the Protection and Management of Wild Fauna and Flora in the relevant law on criminal facts, the main sentence of Article 19(1)2 of the same Act (the point of prudent capture), Article 68(1)2 of the Act on the Protection and Management of Wild Fauna and Flora, the main sentence of Article 14(1)2 of the same Act, Article 92(1) of the Cultural Heritage Protection Act (the point of killing a natural monument), Article 70(1)2 of the Act on the Safety Control of Firearms, Knives, Swords, Explosives, Etc. (Amended by Act No. 1576, Sep. 18, 2018);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of violating the Cultural Heritage Protection Act and the crime of violating the Act on the Protection and Management of Wild Fauna and Flora due to the death of a large person) are imposed on the crime of violating the said Act.

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