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(영문) 수원지방법원 2017.10.13 2017노293
야생생물보호및관리에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal 1) misunderstanding of the legal principles and misunderstanding of the law, ① A person who is a person under Article 16(3) of the Wild Fauna and Flora Protection and Management Act (hereinafter “ Wild Fauna and Flora Act”) (hereinafter “instant prohibition provisions”) is not a “all citizens,” but a person who imports or brings in internationally endangered species and products processed therefrom with the permission of the Minister of Environment,” and thus, the Defendants, who are not importers or exporters of the E in the judgment of the court below, are not a person under the instant prohibition provisions.

(2) The punishment of the lower judgment No. 1. Responsibilities

A. B. In relation to Paragraph (b)(FV sales as raw materials for cremation) the Defendants stated “T and other pharmaceutical materials” and “materials for processed products (T and other pharmaceutical materials)” in the use column following the revision of the approval for change of use that the Defendants received in around 2010. However, using F as the materials for cosmetics does not deviate from the use after the alteration.

(3) The actual disturbance of criminal history of the lower judgment shall be 1.C.

In relation to the port (lease for Viewing), the Defendants requested the Ministry of Environment and U to change the purpose of use to a certain U for exhibition or viewing in consultation with the Ministry of Environment, and the Ministry of Environment accepted it verbally on March 2015. As such, the Defendant leased U for viewing, there was a justifiable reason to believe that the above lease was legitimate.

2) The punishment sentenced by the lower court to the Defendants (a fine of KRW 1 million, and a fine of KRW 500,000,000) is too unreasonable.

2. 1) Determination as to the assertion of misunderstanding of facts and misapprehension of legal principles (1) Determination as to the Defendant’s assertion that the Defendant is not a criminal of the instant prohibition provision, Article 69(1)3 (hereinafter “instant penal provision”) of the Wild Organisms Act, which is a penal provision corresponding to the instant prohibition provision, uses the person subject to punishment for purposes other than import or bringing in, in violation of Article 16(3).

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