Defendant

C If the above fine is not paid, 100.

Defendant

C is the head of the development of Defendant B Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) in Kimhae-si, and the Defendant Co., Ltd is a corporation established for the purpose of manufacturing chemical carbon.

1. A person who wishes to blast or burn Defendant C powders shall obtain permission from the chief of the police station having jurisdiction over the place where powders are used;

Nevertheless, the defendant, without obtaining permission from the head of the police station in the jurisdiction of the police station on June 2014, put a fire into the detonating fuses J 5 of the tearus J in the Blutan, which was located in the Bluk-si, Han-si, Kim Jong-si.

2. The Defendant Company C, who is an employee of the Defendant, committed a violation as provided in the preceding paragraph in relation to the Defendant’s business.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Statement made to K in the police statement;

1. Determination of the defense counsel’s assertion in the accusation

1. According to the proviso to Article 18(1) of the former Control of Firearms, etc. Act (amended by Act No. 12960, Jan. 6, 2015; hereinafter “former Act”), a person prescribed by Presidential Decree may blast explosives without permission from the head of the competent police station, and Article 15 subparag. 4 of the former Enforcement Decree of the Control of Firearms, etc. Act (amended by Presidential Decree No. 26858, Jan. 6, 2016; hereinafter “former Enforcement Decree”) provides that “a person who is entitled to possess explosives on duty pursuant to statutes” may use explosives without permission. As such, the Defendants may possess explosives on duty as a manufacturer and his/her employee as prescribed in subparagraphs 2 and 9 of Article 10 of the former Act, even if blasting explosives are conducted without permission from the head of the competent police station.

2. The provisions of Article 10 (Prohibition of Possession) of the former Act and subordinate statutes shall apply to guns, swords, explosives, gas sprayers, electronic shockers, and crossbows without permission, except in the following cases: