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(영문) 창원지방법원 진주지원 2015.01.21 2014고정261
야생생물보호및관리에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

From November 1, 2013 to February 28, 2014, the Defendant obtained approval for catching game animals using hunting guns (a hunting gun C) within the hunting ground from the Jinju market.

In spite of the fact that anyone was prohibited from hunting in a place other than a hunting ground, the defendant captured the wild 1 marith of 100 on December 20, 2013 at the Yinju City, which was not designated as a hunting ground at around 13:30 on December 20, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Partial statement of the witness F in the court;

1. Guidance on hunting at the time of dust, and guidance therefor;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 69 (1) 12 and Article 42 (2) of the Protection and Management of Wild Fauna and Flora Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged (a violation of the Control of Firearms, Swords, Explosives, etc. Act) was a person who has obtained permission to possess a hunting gun (number C) for hunting purposes, and a person who has obtained permission to possess a gun shall not use the gun except for the permitted purpose or any other justifiable reason. On December 20, 2013, the Defendant captured the gun by killing one mari from the 482-2 Yasan in the mountain of Jinju-si, which was not designated as a hunting ground around 13:30 on December 20, 2013.

As a result, the defendant used a gun even though he did not use it for the purpose other than the purpose of obtaining permission to possess the gun.

2. Determination

(a) Article 17(2) of the Control of Firearms, Swords, Explosives, etc. Act (hereinafter “Guns Act”) permits the use of guns, etc. in cases where guns, etc. are used for permitted purposes, and where other justifiable grounds exist.

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