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(영문) 의정부지방법원 2015.10.15 2015고정1850
총포ㆍ도검ㆍ화약류등단속법위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall possess or sell a maternity gun with similar shapes to that of a gun and with which the possession to be misused for a crime is remarkable.

Nevertheless, the Defendant:

A. A. From October 2012 to August 14, 2014, the Defendant’s dwelling from August 14, 2012 to August 14, 2014: (a) holding one “AK-47 small gun”, which is a mother gun, in Seoul Dobong-gu, Seoul and 3 Dong 806;

B. From around April 1, 2006 to April 1, 2015, he/she has the sole purpose of “MP5 small guns” which are the mother guns at the same place;

C. From around April 1, 2013 to April 1, 2015, he/she possesses one call rifle, which is a mother gun, at the same place;

D. From around April 1, 2010 to April 1, 2015, he/she has one strawet "many gun", a mother gun, at the same place;

E. From around January 2010 to August 2014, 2014, “M4 small gun” was possessed in the same place as “M4 small gun,” and was delivered KRW 500,000 to C, who became aware of the introduction of a seal from the home plug parking lot, which was located in the 38th office building of the first police officer, on August 2014, and sold the said “M4 small gun.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. A written statement prepared in C;

1. Each protocol of seizure;

1. Application of reply-related Acts and subordinate statutes as a result of each maternity gun;

1. Subparagraph 1 of Article 73 and Article 11 (1) of the former Control of Firearms, Swords, Explosives, etc. Act (Amended by Act No. 12844, Nov. 19, 2014);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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