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(영문) 대전지방법원 서산지원 2020.04.29 2020고정10

총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반

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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Where a person who possesses guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows without permission intends to possess them, he/she shall obtain permission from the competent authority;

Nevertheless, the Defendant, at the closed house in the Si of Sin Jin-si B, found two air gun landscapings and one smoke shot (51) and possessed them until May 24, 2019 without obtaining permission for possession of guns.

2. No guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows shall be sold or leased, or advertised for the purpose thereof, by means of gambling, street stores, outdoor commercial activities, electronic commerce and mail sale under the Act on the Consumer Protection in Electronic Commerce, Etc. and door-to-door sales under the Door-to-Door Sales, Etc. Act by utilizing the Internet, etc.;

Nevertheless, on February 23, 2019, the Defendant posted an advertisement to the effect that: (a) on the Internet “D Kap” page, the Defendant took two assistant air guns of the above air gun; (b) two photo-shots of the bitrax; (c) two photo-shots of the bitrax of the bitrax; and (d) one photo-shots of the bitrax (51); and (c) “Shots of the air gun.”

Summary of Evidence

1. Partial statement of the defendant;

1. Internet commercials;

1. The defendant asserts that he had different knowledge about the list and his actions in accordance with relevant laws and regulations.

In contrast, Article 16 of the Criminal Act provides that his act of misunderstanding that his act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for misunderstanding. However, this does not mean a simple legal site, but it is generally a crime, but in his special circumstances, he knows that it does not constitute a crime as permitted by the Acts and subordinate statutes, and there are justifiable grounds for misunderstanding.