총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
The defendant's appeal is dismissed.
1. The court below found the defendant guilty of the facts constituting the crime in the judgment of this court, and found the defendant not guilty of the remaining facts charged (No. 3 times a year of sight of crimes attached to the court below) in the relationship of ordinary concurrence with the defendant, and appealed only the defendant against the guilty part, and the prosecutor did not appeal against the acquittal part.
In such a case, the acquittal portion is also transferred to the appellate court in accordance with the indivisible principle, but that portion is already excluded from the object of attack and defense between the parties, and thus, the scope of the trial of this court shall be limited to the conviction portion.
2. Summary of grounds for appeal;
A. Fact-misunderstanding or legal principles 1) Each of the instant blades does not constitute a swords prohibited from advertising for the purpose of sale by means of electronic commerce or mail order using the Internet as prescribed by the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (1) (2) prior to the instant case’s importation of each of the instant blades in the Korea Customs Service without permission from the Commissioner General of the National Police Agency prior to the instant case, and Defendant’s use of each of the instant blades was for mountain, camping, fishing, etc., and thus, Defendant’s act also constitutes legal errors under Article 16 of the Criminal Act (2). B) In light of the fact that the lower court’s unfair sentencing (1.5 million won) is unreasonable.
3. Determination
A. (1) Determination of misunderstanding of facts or misapprehension of the legal doctrine (A) ① Article 2 (Definition) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. (hereinafter “knives” in this Act is also used as lethal weapons in light of the nature of knives, swords, stilts, stilettos, stilts, and stilts, etc., of which the knives length is at least 15 centimeters and the knives length is less than 15 centimeters.