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(영문) 수원지방법원 평택지원 2019.09.26 2019고단768
야생생물보호및관리에관한법률위반
Text

Defendants shall be punished by fine for negligence of KRW 4,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendants are those who have obtained hunting permission from the Hongcheon-gun.

No one shall hunted wild animals in a place other than a hunting ground.

Nevertheless, at around 12:00 on December 23, 2018, the Defendants: (a) 100 meters away from the D’s house located in Hongcheon-gun, Hongcheon-gun, the place where hunting is restricted; (b) Defendant B heard the horses that Defendant A discovered rush; (c) stopped E-test-type sports cars so that Defendant A can fire the hunting guns; and (d) Defendant A launched two hunting guns in the direction of the said house, which was lowered from the said car.

As a result, Defendants conspired to game in a place other than a hunting ground.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to D by the police;

1. A statement of F and G;

1. Each internal investigation report and investigation report;

1. Application of Acts and subordinate statutes to field photographs and shot photographs;

1. Article 69 (1) 12 and Article 42 (2) of the Wildlife Protection and Management Act concerning facts constituting an offense, Article 30 of the Criminal Act, and selection of fines;

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

1. The Defendants’ crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that: (a) the Defendants committed a crime with the reason of sentencing under Article 334(1) of the Criminal Procedure Act, was committed in the neighborhood by civilians; (b) the actual damage was not significant; and (c) Defendant A did not have any criminal history; and (d) Defendant B had only three times of fines.

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