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(영문) 대전지방법원 논산지원 2017.11.28 2017고정184
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person shall possess swords, explosives, gas sprayers, electronic shock machines and crossbows without permission from the head of a police station having jurisdiction over the domicile;

From June 2017 to August 18, 2017, the Defendant possessed one swords (16cc in length, 16cc., USM8A1) without obtaining permission from the head of the competent police station at the Defendant’s house located in 103 dong 605, Chungcheongnam-gun, Chungcheongnam-gun apartment 103 dong 605.

2. No one shall sell or lease, or advertise for such purposes, guns, swords, explosives, gas sprayers, electronic shock machines, crossbows, street bars, outdoor commercial activities, electronic commerce transactions using the Internet, etc., mail orders, or door-to-door sales;

On July 6, 2017, the Defendant posted an advertisement as “D” by using a computer at the place indicated in paragraph (1) on July 6, 2017, using the title “C” after accessing the Internet NAV car page and having access to the website of a foreign country.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Data from Internet output;

1. Police seizure records;

1. Application of Acts and subordinate statutes to data from output of a mobile phone;

1. Article applicable to the facts constituting an offense, Article 71 subparagraph 1 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (the occupation of holding the permission of swords), Article 12 (1) 3 (the occupation of holding the permission of swords), Article 72 subparagraph 1 of the same Act, Article 72 subparagraph 8 of the same Act, and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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