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(영문) 창원지방법원 2018.11.22 2018고단2379

동물보호법위반등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. No person who violates the Animal Protection Act shall injure an animal by using a physical or chemical method;

Nevertheless, on May 15, 2018, at around 16:25, the Defendant committed a abusive act of abusing his air gun (CAREE 7075mm. 5mm.) which was kept in his/her vehicle for food by launching one time on the front side of the combined apartment route of 10, Jin-si, Kimhae-si, 50 a.m., and driving a Docro, which is his/her own vehicle, and driving a Docro car back to the streets, and causing injury to the organic dog.

2. A person who has obtained permission to possess a gun for a violation of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. shall not use the gun unless the permitted purpose of use or any justifiable ground exists;

Nevertheless, the Defendant used air guns (CAREV 707 5mm) for purposes other than permitted purposes without justifiable grounds, such as paragraph 1, for which the Defendant obtained permission for hunting at the time and place specified in paragraph 1.

3. Violation of the Traffic Act on roads.

A. On May 15, 2018, the Defendant, without obtaining a driver’s license, driven a Korean-style car in the section of approximately 2.8 km from around 16:25 to around 50 km-ro 10, Jindong-ro 115, Jindong-ro 115, Jindong-si, Kimhae-si, Kimhae-si, around 16:25 on the same day.

B. On May 20, 2018, the Defendant, without obtaining a driver’s license, driven the vehicles listed in the foregoing paragraph (a) at approximately 23 km away from the Samsung apartment parking lot located in 98-5, Jin-si, Jin-si, Kimhae-si, 175 on the same day from May 20, 2018 to 13:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A protocol of seizure and a list of seizure;

1.Each investigation report.