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(영문) 전주지방법원 2019.01.17 2018고단72
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반등
Text

Defendant

A shall be punished by imprisonment for one year, and imprisonment for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendants are between the defendants, who are going to know as a high-speed line.

1. No one shall capture, collect, or kill the species prescribed by Ordinance of the Ministry of Environment, among wildlife not subject to endangered wildlife, and conduct hunting in a place other than a hunting ground;

Nevertheless, in the vicinity of Kim Jong-si, around 11:35 on December 24, 2017, the Defendants conspired to hunted wildlife, and around 11:35 on December 24, 2017, the Defendant A drive the e-ray lux in the name of the wife D, and the Defendant was found to have been engaged in wildlife to be captured by being on the top of the operation of the vehicle. While the Defendant was found in the vicinity of the above place, the Defendant A died of 2 math and 5thma in the manner of using air gun, and the Defendant B had been on the vehicle by collecting the above lux, which is the death of the Defendant A.

As a result, the Defendants conspired to kill 8 miles of wildlife prescribed by Ordinance of the Ministry of Environment and hunted them in a place other than a hunting ground.

2. Where a person intends to possess an air gun for single criminal administration of defendant A, he/she shall obtain permission to possess the air gun from the chief of a police station having jurisdiction over his/her domicile;

Nevertheless, at around 11:35 December 24, 2017, the Defendant possessed one air gun with a 5.0-g new gladin air gun without obtaining permission from the chief of the competent police station.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of seizure of each police (number 11,23) ;

1. Application of Acts and subordinate statutes to reports on the site and documentary evidence, photobook, and diagnosis results;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 70(1)2 and 12(1)2 (a) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc.), Article 69(1)6 and the main sentence of Article 19(1) of the Wildlife Protection and Management Act, Article 30 of the Criminal Act, and the Wildlife Protection and Management Act.

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