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(영문) 부산지방법원 2018.11.28 2018고단4578
재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On September 9, 2018, the Defendant: (a) destroyed the damage of property by following the Epiced car driven by the victim on the road in front of the C cafeteria located in the city of the Gyeongnam on September 9, 2018; (b) on the ground that the victim D, who is a smoke, demands hedging with himself/herself; and (c) thereby, damage the repair cost per 50,000 won.

2. No person who violates the Act on the Safety Control of Firearms, Swords, Explosives, Etc. shall manufacture, sell or possess anything prescribed by Presidential Decree, which appears to be similar to a gun;

On September 2018, the Defendant: (a) made metal from a person on the street store near the central district of the Gyeong-gu, Gyeongnam-si; (b) purchased a mother gun (COLT), 120,000 won, which is highly likely to be misused for a crime because of its shape similar to a gun, and (c) possessed a mother gun, such as holding it in the storage of the Defendant’s residence in the laundry room of 205, Busan Gangseo-gu, Busan Metropolitan City F. 205, which is the Defendant’s residence.

3. On September 20, 2018, from around 13:00 to 13:15 of the same day, the Defendant driven the said car without obtaining a driver’s license from the Western-dong market in the Kimhae-dong to around 17.6km from around 17.6km to the Defendant’s residence, and operated the said car without obtaining a driver’s license from September 29, 2018 to around 17.6km from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to report internal accidents (Destruction of damaged vehicles and attaching photographs of foreign registration certificates of victims);

1. Article 366 of the Criminal Act in relation to the facts constituting an offense, Article 73 Subparag. 1, Article 11(1) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. (the possession of a cap) and Article 152 Subparag. 1 of the Road Traffic Act.

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