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(영문) 광주지방법원 순천지원 2016.08.29 2016고정195
야생생물보호및관리에관한법률위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the owner of C(VGA) shot guns.

1. The Defendant in violation of the Act on the Protection and Management of Wild Fauna and Flora obtained a permit for catching wild animals that can be captured freely between 06:00 and 18:00 during the period from December 7, 2015 to December 31, 2015.

Even if the defendant obtained the above permission, hunting in the vicinity of the authorization shall not be permitted.

However, at around 10:00 on December 25, 2015, the Defendant did not comply with the restrictions on hunting, such as setting a low-priced car owned by the Defendant on the front road of D's house at 10:0,000, and capturing one string of the string seat of the said car at the lower top seat of the said car.

2. A person who is permitted to possess a gun, etc. in violation of the Control of Firearms, Swords, Explosives, etc. Act shall not use the gun unless the permitted purpose of use or any justifiable ground exists;

Nevertheless, the Defendant used guns by using the shot gun owned by the Defendant without justifiable grounds at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

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

1. Application of Acts and subordinate statutes to photographs, such as site;

1. Article 70 subparag. 15 and Article 55 subparag. 1 of the Act on the Protection and Management of Wild Fauna and Flora (amended by Act No. 12965, Jan. 6, 2015); Article 73 subparag. 1 and Article 17 subparag. 2 (2) of the former Control of Firearms, etc. Act (amended by Act No. 12965, Jan. 6, 2015) on criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine (the amount of a fine shall be reduced partially in consideration of all the sentencing conditions, such as the defendant's age, career, and health status, along with the background leading to the crime, the degree of the violation).

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