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(영문) 대전지방법원 홍성지원 2015.08.13 2015고정112

총포ㆍ도검ㆍ화약류등단속법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who has obtained permission to possess a gun for hunting from the Commissioner of the Local Police Agency on October 26, 2012, and a person who has obtained permission to possess a gun shall not use it for purposes other than those permitted.

Nevertheless, at around 13:20 on December 25, 2014, the Defendant emitted three guns for the purpose of performance testing of the above shot gun (ME) possessed by the Defendant on the street on the shore near the C, Gyeong-si, Gyeong-si, and used firearms for any purpose other than the permitted purpose.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on permits for possession of guns;

1. Article 73 subparag. 1 and Article 17(2) of the Control of Firearms, Swords, Explosives, etc. Act concerning criminal facts (the defendant and his/her defense counsel have shooting since they need to experiment the performance of a hunting gun. Thus, although the defendant and his/her defense counsel asserted that they are within the permitted use or justifiable grounds exist, in light of the contents of the permission granted to the defendant, the defendant's shooting range, shooting method, etc. acknowledged by the above evidence, it cannot be deemed that the use of the defendant's firearms is within the permitted use or where the defendant's use of the firearms is legitimate grounds, and thus, the above argument is rejected)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;