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(영문) 서울중앙지방법원 2015.02.09 2014고정5431

총포ㆍ도검ㆍ화약류등단속법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. When one intends to possess an industrial gun without permission, he shall obtain permission from the chief of the police station having jurisdiction over his domicile under the conditions as determined by the Ordinance of the Ministry of Government Administration

Nevertheless, around February 13, 2013, the Defendant possessed the industrial powder-type gun (HLI DX 36M) 1 purchased from a person who could not know his/her name through the Internet “NVER Round” without obtaining permission from the chief of a police station having jurisdiction over his/her domicile until the end of February 2013.

2. Guns shall not be sold only by persons who have obtained permission for gun sales business without permission;

Nevertheless, on February 2013, the Defendant sold in KRW 100,000,00 to a person whose name could not be known the industrial powder-type gun (HILI DX 36M) purchased and possessed as prescribed in paragraph (1) without obtaining permission for gun sales business from the end of the end of the month.

Summary of Evidence

1. Defendant's legal statement;

1. Information on internal investigation (Attachment of a warrant of search, seizure, verification, reply materials), copies of a warrant of search, seizure, and reply materials;

1. Application of Acts and subordinate statutes on screen numbers of strings selling strings and printing letters;

1. Article 70 (1) 2 and Article 12 (1) of the Control of Firearms, Swords, Explosives, etc. Act concerning criminal facts, and Article 70 (1) 2 and Article 6 (2) of the Control of Firearms, Swords, Explosives, etc. Act stipulate the applicable provisions of this Act as Article 6 (1) of the Control of Firearms, Swords, Explosives, etc. Act. However, even if based on the facts charged itself, the defendant does not engage in "business", and Article 6 (2) of the same Act applicable to this part of the facts charged shall apply.

(Unauthorized Sales of Firearmss) and each fine

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;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the instant crime.