logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.04.13 2017고정170
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

The defendant works as a managing director at a company that engages in recycling, collection and disposal (sale) with the trade name of the Bank of Korea, and the "C" in the Internet site four countries is a person who uses IDs.

1. A person who intends to obtain permission to possess any electronic shock machine (such as a report on detection and acquisition) in violation of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. shall obtain permission from the police officer in charge of his/her domicile;

Nevertheless, the Defendant, while organizing his store office on August 30, 2016, found electronic shock (J103) in the U.S. for sale, and possessed and kept the electronic shock (J103) without permission until August 31, 2016.

2. No advertisement shall be made for the purpose of selling any firearms, swords, explosives, etc. by committing any violation (Prohibition of Advertisement, such as rooftops) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., any outdoor commercial activity, the Internet, etc.;

Nevertheless, around August 31, 2016, the Defendant advertised for the purpose of selling electronic shock machines (J103) that did not obtain the above permission on possession in the Internet site “Sein Highest Country” (J103) at KRW 80,000.

Summary of Evidence

1. Statement by the defendant in court;

1. The screen of the advertisement closure;

1. Application of statutes on the list of seizure and the protocol of seizure;

1. Article applicable to the crime, Article 71 subparagraph 1 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. for which punishment is selected, Article 12 (2) (unauthorized possession) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., Articles 72 subparagraph 1 and 8 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., and Selection of fines;

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

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

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

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

arrow