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(영문) 창원지방법원 2018.04.19 2017노3645
총포ㆍ도검ㆍ화약류등단속법위반등
Text

All parts of the judgment of the court below against the defendants are reversed.

Defendant

A Fines 5,000,000, Defendant B.

Reasons

1. Progress of judgment;

A. The first instance court found Defendant A guilty of all the facts charged against the Defendants, and sentenced Defendant A to a fine of KRW 3 million, KRW 2 million, and KRW 500,000,000, and KRW 500,000,000.

Accordingly, the Defendants appealed against the Defendant A and B on the grounds of mistake of facts, misunderstanding of legal principles, and illegality of sentencing.

The second instance court convicted Defendant B Co., Ltd and C of all the facts charged, and sentenced the said Defendants to a fine of KRW 500,000.

Accordingly, the above Defendants appealed on the grounds of mistake of facts, misunderstanding of legal principles, and illegality of sentencing.

The court below found Defendant A to be guilty of all the facts charged against Defendant A, B, andO, and sentenced Defendant B to a fine of KRW 1 million and KRW 500,000,000, respectively, and sentencedO to a suspended sentence of KRW 1 million.

Accordingly, Defendant A, B, andO appealed their respective appeals against Defendant A and B on the grounds of mistake of facts, misunderstanding of legal principles, and illegality in sentencing.

The lower court found Defendant A and B guilty of all the facts charged, and sentenced Defendant A to a fine of KRW 1 million and Defendant B to a fine of KRW 500,000,000.

Accordingly, the above Defendants appealed on the grounds of misunderstanding of legal principles and unfair sentencing.

B. The judgment of the court prior to the remanding of the case is to be deliberated jointly by all the judgment below. Of the judgment below, the part of the judgment of the court below against the Defendants is reversed, and the Defendant A and the Defendant B shall be punished by a fine of KRW 2 million, and the facts charged against the Defendant A and B shall be determined as constituting a crime or a case where there is no evidence of crime.

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