2019Do9085 Violation of the Wildlife Protection and Management Act

A person shall be appointed.

Prosecutor

Suwon District Court Decision 2018Do6570 Decided June 13, 2019

September 9, 2019

The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted the Defendant on the part of violation of the Act on the Protection and Management of Wildlife due to the possession and display of globally endangered species among the instant charges, deeming that there was no proof of crime. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the interpretation of Article 16(4) of the Wildlife Act.

Although the prosecutor appealeds the entire judgment of the court below against the defendant, the prosecutor does not indicate in the petition of appeal or the appellate brief the grounds for objection to the conviction.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-hwan

Justices Park Sang-ok

Lee In-bok and Lee In-chul

Justices Noh Jeong-hee.