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(영문) 서울북부지방법원 2021.01.29 2020고정1657

총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Any person who intends to sell guns, swords, explosives, gas sprayers, electronic shock machines, or crossbows shall obtain permission from the local police agency having jurisdiction over the location of a sales place, as prescribed by Ordinance of the Ministry of Administrative Safety and Security.

Nevertheless, at around 17:20 on June 12, 2020, the Defendant carried out sales business without permission by the Seoul Regional Police Agency for the purpose of selling the Defendant’s “D” 10,000 won on the second floor of “Seoul Dongdaemun-gu B market,” without obtaining permission from the Seoul Regional Police Agency for sale. The Defendant carried out sales business without permission by displaying 3 non-explocing knives (9.5cm in length, 8.9cm, 8.7cm in length) and 3 knives or knives of swords (9.5cm in length, 8.1cm in length, 9.0cm in length, 9.0cm in 10,000 won per party.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on seizure records;

1. Subparagraph 1 of Article 71 and Article 6 (1) of the Act on the Safety Control of Knives, Explosives, Etc., and Selection of a fine concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order are as follows: (a) considering the fact that the defendant was indicted for the same kind of crime on or around March 2020 and again repeatedly committed the same kind of crime even after being charged with the same type of crime; and (b) the punishment is determined as ordered by the Criminal Procedure Act.