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(영문) 의정부지방법원 2016.07.04 2016고단1446

총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” in the Namyang-si City B.

A person who intends to engage in the business of selling guns, swords, explosives, gas sprayers, electronic shock machines, or crossbows shall obtain permission from a local Commissioner General of the National Police Agency having jurisdiction over the location of the sales office as prescribed by Ordinance of the Ministry of Information and Communication for each sales office.

Nevertheless, the Defendant, without obtaining permission for the swords sales business, operated the swords sales business without obtaining permission from November 11, 2014 to March 14, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Article applicable to the facts constituting an offense and Article 71 subparagraph 1 of Article 71 and Article 6 (1) of the Control of Firearms, Swords, Explosives, etc. Act (Optional to punishment) of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The grounds for sentencing under Article 48(1) of the Confiscation Criminal Act indicate a small knife knife in the course of operating only the personal world in which the defendant is a small body, the defendant was punished by the criminal records of the same crime in 2014, and other conditions of sentencing that are disadvantageous to the defendant, such as the defendant's age, sex, and circumstances after the crime, shall be considered and determined as the order.