beta
(영문) 인천지방법원 부천지원 2013.10.16 2013고단2544

총포ㆍ도검ㆍ화약류등단속법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

(a) A manufacturer or dealer of guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows in violation of the Control of Firearms, Swords, Explosives, etc. Act, or a person who has obtained permission for export or import or has obtained permission for possession shall not lend guns, swords, gas sprayers, electroshock weapons, or crossbows to other persons, and shall not lend them from other persons respectively;

Nevertheless, at around 11:00 on February 24, 2013, the Defendant borrowed one air gun (total number: SY1300029, 5.00 U.S.) manufactured from the Tyang industry from the “E” parking lot operated by the Defendant located in Macheon-gu, Macheon-gu, Busan, to the owner of the F gun company B.

(b) No one shall engage in any activity outside of the shooting range in violation of the Act on Safety Management of Shooting and Shooting Range;

Nevertheless, the Defendant, from early November 2012 to early February 2013, 2013, 100 air guns (total number: SY10049, 5.00 SY, 5.0 SY) manufactured in the cream industry with permission from the above “E” parking lot, which had been possessed by the Defendant for more than 10 times in total.

Sheet Defendant: (a) laid down three air guns (total number: SY1300029; 5.0 U.S. dollars) at the time and place mentioned in paragraph (1) of 1, as seen above.

2. Defendant B lent 1 of the air gun (total number: SY13000029 and 5.00 U.S.) to Defendant B at the time, at the place specified in paragraph 1(a) as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Each statement of H and I prepared;

1. Protocols of seizure and list of seizure (Evidence Nos. 10, 11, 17, 18);

1. Investigation report (measurement of the weight of coal recovered at the site);

1. A report on investigation (a photograph of seized articles);

1. Report on investigation (on-site photographs);

1. On-site photographs;

1. A written appraisal;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant provisions concerning facts constituting an offense;