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(영문) 서울중앙지방법원 2020.03.19 2019고단5816
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

The defendant is a person who sells miscellaneous services to the players in the vicinity of Jongno-gu Seoul Metropolitan Government.

Anyone who intends to possess a swords shall obtain permission from the chief of a police station having jurisdiction over his/her domicile, as prescribed by Ordinance of the Ministry of Public Administration

Nevertheless, at around 14:30 on May 3, 2019, the Defendant possessed one swords (19cm in total length, 8cm in knife length) without obtaining permission from the chief of police station for the game in which he has jurisdiction over the defendant's domicile in the upper street.

Summary of Evidence

1. Defendant's legal statement;

1. Attachment of the list of seizure, non-exploita photo;

1. Reporting on detection (Determination of the argument of mistake by law: The defendant and his defense counsel are asserting errors by law while misunderstanding that the blade length is 15 centimeters and that the blade length is sword recognition standards. Article 16 of the Criminal Act provides that his act of misunderstanding that his act does not constitute a crime under the law does not mean a mere site of law. Generally, it does not mean that his act of misunderstanding that his act does not constitute a crime under the law, but it does not constitute an act permitted under the law in the case of his own special circumstances, and it does not constitute a crime under the law, and there is a justifiable reason for such misunderstanding (see, e.g., Supreme Court Decision 2010Do6637, Jun. 14, 2012). The defendant and his defense counsel’s assertion is understood as a site of the law that the defendant did not know well of the definition of swords, and even if so, if so, it is difficult to recognize it by itself, considering that the defendant had no justifiable reason to possess swords even if he had been under the law.

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