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(영문) 창원지방법원 통영지원 2017.03.23 2016고단2052
총포ㆍ도검ㆍ화약류등단속법위반등
Text

Defendant

A shall be punished by a fine of KRW 4,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. No person who commits a joint crime by the Defendants shall conduct hunting in an area other than a hunting ground.

Nevertheless, on July 28, 2016, the Defendants conspired and launched air guns to possess air guns in the E field near the E field located in Dong-si, Do, which was not designated as a hunting ground on July 28, 2016, and to catch Ra.

As a result, the Defendants conspired to conduct hunting in an area other than the designated hunting ground.

2. A person who intends to possess a gun for the sole crime of Defendant A shall obtain permission from the head of the police station having jurisdiction over his domicile;

Nevertheless, the Defendant, without obtaining permission for possession of guns from April 30, 2014 to July 28, 2016, stored one store in the Defendant’s house located in Tong Young-si F, at the Defendant’s house located in Tong Young-si, at the Defendant’s house located in Tong Young-si. 5m (Hun-Ga 2), and used it as described in the preceding paragraph, for a ancient match.

Accordingly, the defendant possessed a gun without obtaining permission for possession of a gun.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Information on guns sets;

1. Investigation report (verification of hunting grounds and hunting period);

1. Application of Acts and subordinate statutes governing the exclusion period of hunting following the operation of a hunting ground in a timely manner;

1. Relevant legal provisions of the Act on the Protection and Management of Wild Animals and the defendant A who has selected a punishment for the crime: Articles 69(1)12 and 42(2) of the same Act, Article 30 of the Criminal Act (the point of hunting outside the hunting ground) and Articles 70(1)2 and 12(1)2 of the Control of Firearms, Swords, Explosives, etc. Act (the point of possession of guns without permission), Defendant B who has selected a fine: Articles 69(1)12 and 42(2) of the Protection and Management of Wild Animals Act, Article 30 of the Criminal Act (the point of hunting outside the hunting ground and the choice of fines);

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Article 70 of the Criminal Act.

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