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(영문) 부산지방법원 2015.04.23 2014고정5577
총포ㆍ도검ㆍ화약류등단속법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant, who was employed as an employee of the Institute of Trackinging Motor Vehicles in the name of “D” in the Busan Eastdong-gu, Busan. On May 13, 2014, the Defendant: (a) discovered one gas gun in the shape of a rifle equivalent to KRW 400,00,00 in the market price of the victim’s ownership; (b) did not take necessary procedures, such as returning it to the victim; and (c) embezzled it as he/she had on his/her own thought, instead of taking necessary procedures.

2. Where anyone who violates the Control of Firearms, Swords, Explosives, etc. Act intends to possess swords, gas sprayers, electroshock weapons, or crossbows, he/she shall obtain permission from the chief of the police station having jurisdiction over his/her domicile, but the defendant possessed one gas sprayers at the port of supply of Kim Sea station in Gangseo-gu Busan Metropolitan City on June 14, 2014 without obtaining permission from the chief of the police station having jurisdiction over his/her domicile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. Application of the Acts and subordinate statutes governing gas sprayers;

1. Relevant laws concerning criminal facts, Article 360 (1) of the Criminal Act that prescribes the punishment (the embezzlement of stolen articles), subparagraph 1 of Article 71 and Article 12 (1) of the Control of Firearms, Swords, Explosives, etc. Act (the possession of gas sprayers), and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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