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(영문) 대전지방법원 홍성지원 2014.04.16 2013고단657
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant injured by occupational negligence is a person engaged in hunting with permission for firearms and approval for hunting capture;

On 10:44 on 23. 2013. 10:2. 10. 10:44, the Defendant left wild animals using a hunting gun with the victim C (61 years of age), D, and E in a mountain in the vicinity of the new intersection of the new intersection of the Dannam budget-gun. The place was at a place where people might appear in a mountain range between the rice and the road, and was engaged in hunting activities with the said victims, etc., so there was a duty of care to confirm whether there was no person within the range of time prior to launching the hunting gun, and to launch the gun safely.

Nevertheless, the Defendant neglected to do so and did not properly confirm the location of the above victim, and caused the above victim to be injured by the negligence of launching the shot gun in compliance with the total known to both shots, etc. of the above victim, and caused the above victim to suffer from the injury, such as the response of shots and shots, which require treatment for about eight weeks.

2. In the case of hunting activities in a hunting ground in violation of the Wildlife Protection and Management Act, the defendant did not comply with the restrictions on hunting by discovering shot guns (beta A390ST, total number F) that were held on the side of the road at a place located within 600 meters from the road, despite the fact that the defendant did not hunted away from the national highways No. 32 on a temporary border of the above 32.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. Seizure records;

1. A general medical certificate;

1. A permit for possession of guns and a certificate of hunting license;

1. Application of the relevant photographs and Acts and subordinate statutes governing firearms photographs;

1. Article 268 of the Criminal Act concerning facts constituting a crime and the point of occupational injury resulting from the choice of punishment: Violation of restrictions on hunting (Selection of Fine) Article 268 of the Criminal Act: Article 70 subparagraph 13 of the Wildlife Protection and Management Act;

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