beta
(영문) 울산지방법원 2019.05.16 2019고단679

총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반

Text

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

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

Reasons

Punishment of the crime

On June 21, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for the unlawful use of air defense, etc. at the Ulsan District Court, and the judgment became final and conclusive on June 29, 2013. On November 26, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Military Service Act, etc. on December 4, 2015, and the said judgment became final and conclusive on December 4, 2015, the said suspended sentence was revoked and the parole period was expired on April 30, 2018. < Amended by Act No. 15904, Aug. 10, 2018>

Where anyone who does not fall under any of the subparagraphs of Article 10 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., such as possessing swords in the course of performing his/her duties, intends to possess swords, he/she shall obtain permission from the

Nevertheless, at around 06:15 on November 17, 2018, the Defendant kept the knife part of the knife and the knife part of the knife part of the knife part of the knife (41cc in total length, 26cc in knife length) in the back part of the knife vehicle operated by the Defendant, and carried a swords without obtaining permission from the competent police station.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

1. The investigation report (as to the statement of the shote)

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (referring to the revocation of suspension of execution of sentence and other records of judgment related to criminal records);

1. Subparagraph 1 of Article 71 and Article 12 (1) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. concerning the facts constituting an offense;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. The sentence like the order shall be determined by comprehensively taking into account the following factors: the shape and purpose of the defendant’s possession, the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, etc. of the defendant, and the conditions of sentencing as shown in the record: