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(영문) 대전지방법원 서산지원 2014.05.22 2013고정274
총포ㆍ도검ㆍ화약류등단속법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Where a person intends to possess shot guns, gas guns, air guns, narcotics, butcher guns, industrial guns, rescue and life saving guns, or parts thereof from among guns in violation of the Control of Firearms, Swords, Explosives, etc. Act, he/she shall obtain permission from the chief of a police station having jurisdiction over his/her domicile;

Nevertheless, at around 11:30 on December 28, 2012, the Defendants obtained one air gun and 60 ball cartridgess from D, and possessed them without permission, and on December 28, 2012, the Defendants boarded-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and boarded the vehicles with the air gun owned by D in the middle-do reservoir at the Jung-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

2. At around 11:30 on December 28, 2012, the Defendants met with one air gun and 60 ball cartridges for the purpose of capturing wild animals in wild animal protection zones, even though they did not carry firearms and live bullets for the purpose of capturing wild animals.

Summary of Evidence

1. Defendants’ legal statement (the second trial date)

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Article 70 (1) 2 of the Control of Firearms, Swords, Explosives, etc. Act regarding criminal facts, Articles 70 (1) 2 and 12 (1) of the same Act, Article 30 of the Criminal Act, Article 70 of the Protection and Management of Wildlife Act, Article 70 subparagraph 14 of the same Act, Article 30 of the Criminal Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act recognizes the crime of this case and reflects the sentencing of the Defendants, and even though Defendant B is the primary offender, the Defendants sent around the reservoir for the purpose of hunting wildlife by carrying firearms without obtaining permission. This is about the protection and management of wildlife to prevent the extinction of wildlife and to maintain the balance of the ecosystem.

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