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(영문) 대구지방법원 안동지원 2018.08.17 2018고정6
야생생물보호및관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

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, at around 15:45 on December 13, 2017, the Defendant captured 3 Cheongdomen, a wild animal, the capture and gathering of which is prohibited in the vicinity of the rural village of 1072-1 in Andong-dong, Andong-si, Andong-si, Andong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (referring to the nests and original photographs captured);

1. Application of the list of wild animals, the capture, collection, etc. of which is prohibited, and disposal photographs;

1. Article 69 (1) 6 and Article 19 (1) of the Act on the Protection and Management of Wild Fauna and Flora selected for criminal facts, relevant legal provisions, and Articles 69 of the Act on the Protection and Management of Wild Fauna and Flora, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, captured 3 Cheong-gun clum clum in light of the purport of the law to protect wild animals and plants.

However, the defendant recognizes his mistake and is against his will.

Defendant appears to have committed the instant crime without clearly recognizing the illegality of the act.

There has been no punishment for a long time, except for those who have been punished once more than 50 years ago.

The defendant is in a bad health situation with old age, and is not good in economic circumstances.

In addition, in full view of all the circumstances revealed in the trial process, such as the character and conduct, environment, motive and background of the crime, circumstances after the crime, and risk of recidivism, the defendant shall be sentenced to a fine and the execution thereof shall be suspended, and the sentence shall be determined as ordered.

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