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(영문) 의정부지방법원 2016.10.14 2016고단2795
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a street store that sells military supplies, etc.

Anyone who intends to possess a swords shall obtain permission from the chief of a police station having jurisdiction over his/her domicile.

Nevertheless, around 13:40 on March 22, 2016, the Defendant possessed two swords, such as Malaysia Military Swords (25cm in length on the day) and Araan Pung Pung Pungk swords (18cm in length on the day) for sale without obtaining permission from the chief of the Yangju Police Station.

Accordingly, the defendant possessed swords without obtaining permission from the chief of the police station.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to photographs and seized objects of control;

1. Article 71 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. and Articles 71 and 12 (1) of the Act on the Election of Firearms, Swords, Explosives, Etc. concerning criminal facts;

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has already been punished by a fine once for the same kind of crime, and that he/she again committed the instant crime without being aware of the fact that he/she had been sentenced to a disposition of suspension of indictment, and that he/she again committed the instant crime. Therefore, the defendant’s liability is not

However, in full view of the various circumstances, such as the Defendant’s confession of the instant crime, the Defendant’s age, character and conduct, the background and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances.

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