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(영문) 서울중앙지방법원 2011.12.08 2011노868

총포ㆍ도검ㆍ화약류등단속법위반

Text

The judgment below

The part against the Defendants is reversed.

Defendants are not guilty.

Reasons

1. The summary of the grounds for appeal (the remaining Defendants except the Defendant D) did not use false or other unlawful means in obtaining permission to possess the instant guns.

2. Reasons for the final appeal (with respect to Defendant D, ex officio) shall be considered.

Article 72 Subparag. 7 of the Control of Firearms, Swords, Explosives, etc. Act (hereinafter “Act”) provides that “a person who obtains permission or license under this Act by fraudulent or other illegal means shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding seven million won.” Here, “any false or other unlawful means” refers to cases where a person obtains permission or license by using any act deemed unfair by social norms, even though he/she is unable to obtain permission or license, in light of normal procedures.

Article 10 of the Act prohibits, in principle, possession of guns, swords, explosives, gas sprayers, electroshock weapons, and crossbows (hereinafter referred to as "Guns, etc.") without permission, except in cases falling under each subparagraph of Article 10. Article 12 (1) of the Act provides that when intending to possess guns, etc., permission from the commissioner of the competent district police agency or the chief of the competent police station shall be obtained, and Article 10 (3) of the Act provides that "the scope of permission to possess guns, etc. shall be prescribed

Accordingly, Article 14 (1) of the Enforcement Decree of the Act (hereinafter only referred to as the "Enforcement Decree") provides that "the kinds of guns, swords, gas sprayers, electroshock weapons, and crossbows and the scope of permission to possess them by use under Article 12 (3) of the Act shall be as follows", and with respect to "Guns", "the cases of possessing a gun for the purpose of shooting matches, sports, or self-defense" (Article 1) and "the purpose of this Decree is to relieve hunting, harmful trees, or shooting matches".