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(영문) 수원지방법원 여주지원 2018.04.11 2018고단172
자연환경보전법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall capture, gather, transplant, damage, or withering wild animals or plants within a core area for ecological and landscape conservation, and capture or gather aquatic animals or plants within inland waters using explosives, toxic substances, or electricity.

Nevertheless, the Defendant, along with B and C on September 17, 2017, from around 03:0 to around 04:00 on September 18, 2017, from around 04:0, the Defendant released electric current to water in the vicinity of the Jinsong-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, with B, was carrying the apparatus of fishing, such as rubber, rubber, car exhaust, e.g., rubber, and e., Defendant B, as the place where the Defendant was engaged in the flow of electricity, and captured water by cutting it into water and cutting it into water by cutting it (17k, 175g, 27g.

As a result, in collusion with B and C, the Defendant captured wild animals and plants within the core ecological and landscape conservation area, and at the same time captured aquatic animals and plants by using electricity in inland waters.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect B or C by the police;

1. Written statements of D;

1. Police seizure records;

1. Application of related Acts and subordinate statutes to photographs;

1. Subparagraph 1 of Article 63 of the Natural Environment Conservation Act, Article 15 (1) 1 of the same Act concerning facts constituting an offense, Article 30 of the Criminal Act (the occupation of capturing wild animals within the core area of ecology and scenery conservation), Article 25 (1) and 19 of the Inland Fisheries Act, Article 30 of the Criminal Act (the occupation of capturing aquatic animals on inland water with current use);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who commits a crime of violating the Conservation of the Natural Environment, the punishment of which is heavier);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant with the reason for sentencing under Article 62-2 of the Criminal Act and the observation of protection and the community service order has the record of being punished for the same kind of crime.

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