2014 Violation of the Control of Firearms, Swords, Explosives, etc. Act

A

Escopics, Escopics (public trial)

Attorney B (Korean National Assembly)

February 5, 2015

The defendant shall be innocent.

1. Summary of the facts charged

When any person intends to possess swords, gas sprayers, electroshock weapons, or crossbows, he/she shall obtain permission for possession from the chief of a police station having jurisdiction over his/her domicile, as prescribed by Ordinance

Nevertheless, the defendant does not obtain permission from the chief of the police station.

On October 15, 2013, in Jongno-gu Seoul Jongno-gu, the Defendant purchased from his/her own nomenclature one (9cm in knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k

2. Determination

(a) Article 2 (2) of the Control of Firearms, Swords, Explosives, etc. Act provides that "swords in this Act mean those prescribed by Presidential Decree from among those whose blades are used as lethal weapons in light of the nature, and those whose blades are less than 15cc long, even though they are less than 15cc long, they are highly likely to be used as lethal weapons". Article 4 (1) of the Enforcement Decree of the above Act provides that "the types of swords pursuant to the above provision of the above Act shall be 1.1. 2.3. length, 2.3. length, 3.0 degrees, 4.4.0 degrees, 5.4.0 degrees, 6.6.0 degrees, 7.0 blades, 8.00m or more, 1.5m or more of the blades, 10.5m or more of the blades, 10.7m or more of the blades, 15m or more of the 9.0m or more of the blades.

B. Meanwhile, “swords that are highly dangerous to be used as lethal weapons” under Article 4(1)10 of the Enforcement Decree of the Control of Firearms, Swords, Explosives, etc. mean that “swords are clearly acknowledged to be in danger of being used as lethal weapons to the extent equivalent to swords stipulated in Article 4(1)1 through 9 of the same Act in light of their external appearance, form, function, etc...” In light of the above statutes and interpretation, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the knife (hereinafter “knife”) as indicated in the facts charged falls under swords stipulated in Article 4(1)1 through 9 of the Enforcement Decree of the Control of Firearms, Swords, Explosives, etc. Act, or that the knife falls under “s that are clearly dangerous to be used as lethal weapons” under Article 4(1)1 through 9 of the Enforcement Decree of the same Act, and there is no other evidence to acknowledge that the knife constitutes “s that are clearly dangerous to be used as such weapons.”

(1) The instant blade is a small knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

(2) The blade of this case does not have a device that can carry the blades in contact automatically outside, i.e., automatic display or folding.

(3) However, the knife of the instant knife is fixed at the upper end of the right end, and the knife is fixed in its entirety when the knife knife knife knife knife knife knife knife knife 180 degrees, and such fixed knife knife knife is

(4) The Defendant, at the police station, made a statement to the effect that “as a hobby, he purchased the knife at a hobby, put the knife on the Defendant’s book book.” At the time of the purchase, the Defendant made a statement to the effect that the knife length was 9§¯ or more, and the Defendant’s purchase and possession of the knife, other than the above statement.

There is no evidence about the background and motive, etc.

3. Conclusion

Thus, since the facts charged in this case constitute a case where there is no proof of a crime, the defendant shall be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act, but the defendant cannot obtain the consent of the defendant due to his/her absence on the sentencing date, the public announcement of the verdict of not guilty under the proviso of

Judges Park Jin-young