A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who sells miscellaneously “C” in the Seoul Dongdaemun-gu Seoul market.

1. A person who intends to operate a sales business of guns, swords, explosives, gas sprayers, electronic shock machines, or crossbows without permission shall obtain permission for each sales office from the local chief police officer having jurisdiction over the location of the sales office as prescribed by Ordinance of the Ministry of Information and Communication, and shall not sell guns, swords, explosives, gas sprayers, electronic shock machines, or crossbows unless he/she obtains the permission therefor;

Nevertheless, at around 14:00 on October 7, 2020, the Defendant displayed 5 non-explosion-based string-line (2, 9.6cm in length, 1, 8.5cm in length, 1, 8cm in length, 5cm in length, 9.5cm in length, 9.5cm in length, 9.5cm and 1cm in length) on the top of “C” operated by the Defendant in Dongdaemun-gu Seoul Metropolitan Government B market without permission for swords sales, and operated swords sales business by displaying it for sale.

2. A person who intends to possess swords, explosives, gas sprayers, electronic shock machines and crossbows without permission shall obtain permission from the head of a police station having jurisdiction over his/her domicile as prescribed by Ordinance of the Ministry of Administration and Safety;

Nevertheless, from the date of fire to October 14, 2020 to October 20, 2020, the Defendant brought up 11 swords listed in paragraph 1 without permission at the places listed in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Seizure records;

1. Application of Acts and subordinate statutes to the scene of control and photographs of seized articles;

1. Article applicable to the crime, Article 71 subparagraph 1 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (limited to where a person engages in swords sales business without permission), Article 71 subparagraph 1 of the same Act, and Article 12 (1) (limited to where a person possesses swords without permission) of the same Act, and Article 71 of the same Act, and Article 12 (1) of the same Act, respectively, choice of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are the same as the defendant already.