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(영문) 전주지방법원 군산지원 2013.04.24 2013고정219
총포ㆍ도검ㆍ화약류등단속법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 17, 1997, the defendant is a person who has obtained permission (permission number B) to possess 5.0m of air gun for the relief of harmful birds and animals from the Chief of the Donsan Police Station, a person who has obtained permission to possess a gun, a person who has obtained permission to possess a gun shall not use a gun except for permitted purposes or other justifiable purposes, and he/she shall not conduct hunting except for hunting grounds established by the competent authority.

Nevertheless, on January 4, 2013, the Defendant captured one math of the air gun as the above air gun in the Ysan-si Village, which was not established as a hunting ground on January 4, 2013.

Accordingly, although the defendant did not have any justifiable purpose except for the purpose of obtaining permission on possession of guns, he hunted outside the hunting ground.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, detection statement, seizure protocol

1. Article 73 subparag. 1 and Article 17 (2) of the Control of Firearms, Swords, Explosives, etc. Act concerning criminal facts, Article 69 (1) 12 and Article 42 (2) of the Wildlife Protection and Management Act;

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

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Confiscation: Article 48 (1) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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