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(영문) 전주지방법원 남원지원 2017.09.19 2017고단169
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

except that the sentence shall be imposed for a period of one year from the date the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who has obtained permission for possession, such as guns, swords, explosives, etc. in violation of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. shall use guns unless permitted use or any justifiable ground exists;

Nevertheless, from January 26, 2017 to February 10, 2017, the Defendant used guns for the purpose other than permitted purposes by capturing 5.0, total C, and No. 6) air guns owned by the Defendant (former 5.0, total c, and No. 5), which were possessed by the head of the remaining police station, for the purpose of capturing dangerous water, from the south-si, North-si, North-si, and the North-si, North-si, North-si, and the North-si, North-si, the Defendant: (a) without justifiable grounds; (b) using air guns (former 5.0, total c, and No. 6) for the purpose of capturing harmful water.

2. No person who violates the Act on the Protection and Management of Wild Fauna and Flora shall capture any spawn oil, birds, sheep, or spawn prescribed by Ordinance of the Ministry of Environment among wild animals which do not fall under endangered wild animals;

Nevertheless, at the time and place indicated in paragraph 1, the Defendant captureed air guns owned by the Defendant and captured 5 Matrine 1 and 42 matrines which are wild animals.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and each list of seizure;

1. Documents submitted by the accused, such as a site photo and a permit to capture harmful wild animals;

1. Application of existing Acts and subordinate statutes to one seized air gun (No. 5.0, c, 6)

1. Relevant provisions of the Act on the Safety Control of Firearms, Swords, Explosives, etc. for the Fact-finding, Articles 73 subparag. 1, 17(2) (the use of a gun for any purpose other than permitted purposes), Articles 69(1)6 and 19(1) (the occupation of capturing a specific wild animal without permission) of the Act on the Protection and Management of Wild Fauna and Flora, and choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Article 48 (1) 1 of the Criminal Code of Confiscation (actual coal).

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