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(영문) 대전지방법원 서산지원 2018.07.11 2018고단318
야생생물보호및관리에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

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

Nevertheless, the Defendants solicited Defendant A to capture wild animals, such as Cheong, Cheong-dones, Cheong-dones, etc., with a large amount of advertising that Defendant A is holding BENLI 12Ga shot gun.

Accordingly, at around 16:00 on January 28, 2018, Defendant B driven a car owned by Defendant B, Defendant B, without Defendant A’s attitude in the nearby G, Jin-si, Seoul. Defendant A captured the wild species to be captured in consideration of its surrounding surroundings, and Defendant A captured 4 marith, rush, 1 marith, and 1 marith in a manner of launching the wild species to the wild species.

As a result, the Defendants conspired to capture a large amount of endangered wild species and wild species that do not fall under endangered wild species, which are determined by Ordinance of the Ministry of Environment.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Witness E;

1. Application of Acts and subordinate statutes to report internal investigation (including attached documents), investigation report (including documents attached to field photographs and other accompanying documents);

1. Relevant legal provisions and the Defendants’ choice of punishment for criminal facts: Consideration of each fine (i.e., the capture of an animal that does not constitute an endangered wild animal) under Articles 68(1)1 and 14(1) of the former Act on the Protection and Management of Wild Fauna and Flora (Amended by Act No. 15196, Dec. 12, 2017); Article 30 of the Criminal Act (the capture of an endangered wild animal); Articles 69(1)6 and 19(1) of the former Act on the Protection and Management of Wild Fauna and Flora (Amended by Act No. 15196, Dec. 12, 2017); Article 30 of the Criminal Act (the capture of an animal that does not constitute an endangered wild animal); Article 68(1)1 and 14(1) of the former Act on the Protection and Management of Wild Fauna and Flora; Article 69(1)6 and 19(1) of the former Act on the Protection and Management of Wild Fauna and Flora;

1. Defendants who aggravated concurrent crimes: Article 37 of the Criminal Act.

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