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(영문) 인천지방법원 2016.06.30 2016고정658

총포ㆍ도검ㆍ화약류등단속법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a person operating the C exhibition hall, and D is a manager of the C exhibition hall.

1. Where any person desires to possess a gun except for a person permitted by Acts and subordinate statutes for possession of a gun without permission, he/she shall obtain permission from the local Commissioner General of the National Police Agency having jurisdiction over his/her domicile in accordance with the Ordinance of

Nevertheless, from December 2014 to August 19:17, 2015, the Defendant and D conspired with each other, on the second floor of the "C" exhibition hall located in Incheon Jung-gu, Jung-gu, Incheon, the Defendant purchased 5.5m air gun (F) 1 m, gun parts, and three mix marbs, which are gun parts, without obtaining permission, and D had been tried for the purpose of working as the manager at the above exhibition hall and display.

2. When anyone intends to possess swords except for those permitted by Acts and subordinate statutes for holding swords without permission, he/she shall obtain permission from the head of a police station having jurisdiction over his/her domicile in accordance with the Ordinance of the Ministry of Government Administration and Home Affairs;

Nevertheless, the defendant and D conspired to purchase 13 swords at the same time, place, and without obtaining permission as mentioned in the above 1. paragraph, and D were against the purpose of displaying in the above exhibition hall.

3. No person who possesses a cap shall manufacture, sell or possess a cap that seems similar to a gun;

Nevertheless, the Defendant and D conspired to purchase, at the same time and place as above 1.3, MIC UZ 1, M82 1, M831, M831, M16A1, 1873 small guns, 2 small guns, 1 small guns of obscure 8, 1 small guns, 2 small guns of obscure Dom, 800, and D were for the purpose of working and displaying in the above exhibition hall.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to replys and replies as a result of inspection;

1. Relevant legal provisions concerning facts constituting an offense and guns, swords, explosives, etc. selected for punishment;