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(영문) 춘천지방법원 속초지원 2016.11.02 2016고단245
야생생물보호및관리에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 5, 2016, no one shall produce, sell, possess, or keep snares, traps, nooses, or other implements with which wild animals can be captured. Nevertheless, on or around February 5, 2016, the Defendant made two thoths using steel agents, cryp and pents for the purpose of catching wild wild wild wild wild boars with the body of the Defendant located in Kangyang-gun C.

2. At around 1:30 on February 10, 2016, a person who captures wildlife does not capture, gather, or kill species of wild boars prescribed by Ordinance of the Ministry of Environment, among wildlife that do not fall under endangered wildlife. Nevertheless, the Defendant installed a iron dye (one dye “one dye”) in front of the mountain paddy field owned by the Defendant located in Gangwon-doyang-gun, Gangwon-gun, and captured a single dye of wild wild boar pigs (one point four meters in length) in front of the mountain field owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs of seized articles);

1. Article 69 (1) 6 of the Act on the Protection and Management of Wild Fauna and Flora and Articles 19 (1) (the occupation of capturing wild animals), Article 70 subparagraph 3 of the Wildlife Protection and Management Act and Article 10 of the Act on the Protection and Management of Wild Fauna and Flora, the selection of imprisonment for each crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is against the defendant. However, around 2012, the defendant was punished by a fine not to carry firearms and live ammunition in a place other than a hunting ground for the purpose of capturing wildlife. In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions indicated in the records of this case, such as the circumstances after the crime, are considered.

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