Text
The defendant shall be innocent.
Reasons
1. No person who outlines the facts charged shall engage in hunting in a place within 100 meters from the road as defined in Article 2 of the Road Act;
Nevertheless, at around 14:45 on December 16, 2012, the Defendant: (a) killed 1 Maraxama with Raellu (total C) on the roads located in Gangwonwon B, and captured 1 Maraxa.
As such, the Defendant did not observe the restrictions on hunting by hunting in a place where hunting is restricted.
2. As stated in the facts charged, it is difficult to recognize the fact that the defendant's hunting place is within 100 meters from the road as defined in Article 2 of the Road Act, and the evidence submitted by the prosecutor alone is insufficient to recognize it. There is no other evidence to acknowledge it otherwise.
(M) According to the evidence duly adopted and examined by this court, the location of the defendant's hunting is front of Gangwonwon B, and the above road is recognized as a rural road designated as a human rural and fishing village road under Articles 2(1) and 4(1) of the Act on the Maintenance and Improvement of Agricultural and Fishing Villages, and is not a road prescribed in the Road Act. 3. In conclusion, the facts charged in this case constitute a case where there is no proof of criminal facts, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act