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(영문) 서울중앙지방법원 2015.05.22 2015고합230
공갈등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to possess guns in violation of the Control of Firearms, Swords, Explosives, etc. Act shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the end of December 2013 to November 26, 2014, kept air guns 2707 (Guyeong 5.0), which were permitted in the name of F in the ( home) EE office located in Pakistan, etc. from the end of the period from the end of November 2013 to November 26, 2014.

Accordingly, the defendant possessed a gun without obtaining permission from the competent authorities.

2. No person who violates the Act on the Protection and Management of Wildlife shall hunted animals in a place other than a hunting ground;

Nevertheless, around April 20, 2014, the defendant huntedd a wild animal in a manner that shoots the above air gun from the camping area around the above (EE office) office to the above air gun.

As a result, the defendant hunted in a place other than a hunting ground.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. A copy of output of photographs and cell phone storage photographs;

1. Application of one copy of Acts and subordinate statutes to output data on the current status of approval for hunting grounds on the Ministry of Environment website;

1. Article 70 (1) 2 and Article 12 (1) of the Control of Firearms, Swords, Explosives, etc. that constitute an offense; Article 70 (1) 2 and Article 12 (1) of the Act on the Protection and Management of Wild Fauna and Flora; Article 69 (1) 12 and Article 42 (2) of the former Wildlife Act (Amended by Act No. 12521, Mar. 24, 2014; Act No. 1325, Mar. 25, 2015);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed for a violation of the Control of Firearms, Swords, Explosives, etc. Act heavier than punishment);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant holds a gun without permission during the period of suspension of execution and uses it in a place other than the hunting ground.

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