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(영문) 수원지방법원 성남지원 2017.12.22 2017고단2704

총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2017, the Defendant was sentenced to a suspended sentence of two years on August, 2017 due to a violation of the Public Official Election Act in support of Sung-nam branch of Suwon District Court, and the said judgment became final and conclusive on December 16, 2017.

No one shall possess guns, swords, explosives, gas sprayers, electronic shock machines, or crossbows without permission, except for cases in which a person who has a direct or free possession, manufacturer, dealer, exporter, importer, etc. under Acts and subordinate statutes, and when he/she intends to possess them, he/she shall obtain permission therefor from the local chief police agency having jurisdiction over his/her domicile, and permission from the head of a police station having jurisdiction over his/her domicile, as prescribed by Ordinance of the Ministry of Administrative Safety in cases of guns, as prescribed by Ordinance of the Ministry of Administrative Safety.

The Defendant, from the date of fire to April 25, 2017, stored D gun 202 heading rooms in Sungnam-si, Sungnam-si, in a book where 0.5m radius in diameter can be emitted into CO2 compressed gas, 1 studs, gas sprayers 4 points, and 1 point for electric shock machine, without obtaining permission from the competent authorities, and possessed 1 studs, gas sprayers, 4 points, and 1 point for electric shock machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seized articles, and photographs of seized articles (No. 4 through 6);

1. On-site photographs;

1. Responses to the results of inspections as to whether guns are gathered;

1. Previous conviction: Application of statutes, such as a reply to inquiries, such as criminal history, report on investigation (report attached to the judgment, etc.), application of Acts and subordinate statutes, such as the Suwon District Court's Sung-nam branch of 2017 Gohap81;

1. Relevant legal provisions of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., and Articles 70 (1) 2, 12 (1) (the possession of an unauthorized air gun), 71 subparagraph 1, and 12 (1) (the possession of an unauthorized gas gun or electric shock machine) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., and the choice of imprisonment for each crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Aggravation of concurrent crimes: Provided, That the public prosecutor is ordinary;