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(영문) 대구지방법원 김천지원 2016.08.09 2016고정280
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

No person shall advertise for the purpose of selling electronic shock machines by means of mail order under the Act on the Consumer Protection in Electronic Commerce, Etc.

Nevertheless, on April 7, 2016, the Defendant posted an advertisement stating that he/she sells an electronic shock machine for KRW 100,000,000 by using a computer at his/her place of residence, the Internet portal site, NAC bulletin board, using a computer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes concerning photographs by capturing the Internet;

1. Article applicable to the facts constituting an offense, Article 72 Subparag. 1 and Article 72 of the Act on the Safety Control of Inspection of Explosives, Etc., and Selection of a fine, Article 8 of the same Act;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects all of the Defendant’s mistakes, the Defendant’s primary offender, and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., to reduce the punishment more mitigated than the summary order, by comprehensively taking into account all the circumstances constituting the conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as indicated in the order.

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