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(영문) 대구지방법원 안동지원 2018.09.18 2018고정55
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
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Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. A manufacturer, dealer, person permitted to export and import guns and crossbows (hereinafter “Guns, etc.”) and a person permitted to possess guns, etc. (hereinafter “person permitted to use guns, etc.”) shall not lend guns, etc. to another person and shall not lend them from another person;

Nevertheless, on October 30, 2017, the Defendant lent one half-Automatic shot gun of G (H) on June 30, 2015 to B, who did not obtain gun permission, at the entrance near the F golf practice center located in Ansan-si, Sindong-si, E, and on June 30, 2015.

2. Defendant B

(a) No person permitted to obtain guns, etc. in violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. shall lend a gun, etc. to any third person or lend it to any third person;

Nevertheless, on October 30, 2017, the Defendant borrowed the reflective hunting gun from A around June 30, 2015 at the same place where A obtained permission for possession on June 30, 2015.

(b) No person who violates the Act on the Protection and Management of Wild Fauna and Flora shall capture, gather, or kill species (such as wild boars and pigs) prescribed by Ordinance of the Ministry of Environment from among wild animals which do not fall under endangered wild animals without permission of the competent authority;

Nevertheless, the Defendant died of 1 math of wild boars using a hunting gun borrowed from A at the above time and place.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of a witness I;

1. The application of statutes to conduct an investigation into game image USB, permits to possess guns, certificates of cancellation of firearms in custody, and each investigation report;

1. Lending of relevant legal firearms to facts constituting an offense: Articles 71 subparag. 3 and 21(5) (Selection of each fine) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., without permission (Defendant B): Articles 69(1)6 and 19(1) (Selection of each fine) of the Protection and Management of Wild Fauna and Flora Act;

1. Aggravation of concurrent crimes (Defendant B):

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