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(영문) 서울중앙지방법원 2016.09.06 2016고정2244
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. Where any person finds or finds any article that is deemed to have been lost, buried, or appropriately managed, by reason of violating the Act on Safety Management of Firearms, Swords, Explosives, Etc. (the point of duty to acquire explosives), he/she shall report it to the nearest police agency within 24 hours and shall not cross, move, stop, or dismantle it without national police officers' instructions (including auxiliary police officers);

Nevertheless, at around 17:00 on April 15, 2016, the Defendant discovered four boxes of “girls” (400) and did not report to the nearest police station within 24 hours even though he discovered and found 4 boxes of “girs”, an industrial gun, which is an explosive that is not properly managed within safin, while collecting waste materials, such as safin, from the construction site of “C” store located in Gwanak-gu, Seoul Special Metropolitan City.

2. No guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows that violate the Act on the Safety Control of Firearms, Knives, Swords, Explosives, Etc. (the point of advertisement for the purpose of sale of explosives) shall be sold or leased by means of a playing, street store, outdoor commercial activity, electronic commerce transaction, door-to-door sales under the Act on the Consumer Protection in Electronic Commerce, Etc., by utilizing the Internet, etc., or advertised for the purpose thereof;

Nevertheless, around 03:11 on April 16, 2016, the Defendant, at his own house located in Gwanak-gu, Seoul Special Metropolitan City D and B02, advertised for the purpose of selling powders by inserting the title "Tin, 400 mpin, spon, powder, direct voltage, direct voltage, and door shock protection unit", "Stin, 400 mpon, 30, 300 mon, and hon hon hon," which read "at its own house in Seoul Special Metropolitan City, for the purpose of selling 40 mars (400 mars) of the industrial gun, which is the explosives acquired as above."

Summary of Evidence

1. The defendant's legal statement; 1.1.

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