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(영문) 서울북부지방법원 2019.10.24 2019고정1064

총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반

Text

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

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

Reasons

Punishment of the crime

1. A person who intends to possess guns and explosives without permission shall obtain permission from the head of the competent police station;

Nevertheless, the Defendant acquired 1 string gun (Red Head R 200) and 565 string gun at the construction site of the date and influence, and possessed them from May 17, 2019 to May 00, 201 without obtaining permission from the head of the competent police station.

2. He/she shall not sell or lease any advertising guns or explosives for the purpose of selling electronic commerce by means of playing, street stores, outdoor commercial activities, electronic commerce and mail-order sales through the Internet, etc., or door-to-door sales through the Internet, etc., or advertise them for such purpose;

Nevertheless, at around 14:30 on April 29, 2019, the Defendant posted to C a letter stating that he/she would sell the above typ guns and powder for 350,000 won for the purpose of selling 1 typ guns (Red Head 200) and 565 typ guns for typ guns, and advertised for the purpose of selling them.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing enforcement photographs;

1. Article applicable to the crime, Article 70 (1) 2, Article 12 (1) 2 (a) and Article 70 (1) 2, Article 70 (1) 2, Article 12 (1) 3 (a) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (Amended by Act No. 15766, Sep. 18, 2018); Article 72 subparagraph 1, and Article 72 (1) and Article 8 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. for which the determination of punishment was made; the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized all of the crimes of this case and reflects the mistake.