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(영문) 인천지방법원 2014.02.14 2013고정4681
총포ㆍ도검ㆍ화약류등단속법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C gun company” in Kimpo-si B.

1. No dealer of guns, etc. acquired by transfer from any person other than those permitted shall acquire guns, etc. from any person other than those permitted to possess;

Nevertheless, on August 2012, 2012, the Defendant acquired one air gun (number D) from a person who was unaware of his/her name who did not obtain permission to possess a gun in the above C gun. On November 2012, the Defendant acquired one air gun (type : OG303) from a person who was unaware of his/her name who did not obtain permission to possess a gun in the above C gun. On December 2012, 2012, the Defendant acquired 100 ball ball cartridges around 22 from a person who was unaware of his/her name without obtaining permission to possess a gun in the above C gun. On December 2012, 2012, the Defendant acquired 10 air gun (number e: e) from a person who was unaware of his/her name without obtaining permission to possess a gun in the above C gun.

Accordingly, the defendant acquired three static guns and 100 ball cartridges from a person other than those who obtained permission to possess guns, etc. for a total of four times.

2. Guns, etc. manufactured by a person who has obtained permission to produce guns, etc. in violation of inspection obligations by manufacturers shall be inspected by the Commissioner General of the National Police Agency

Nevertheless, around May 14, 2013, the Defendant kept one air tickets (number G), four air guns (number : H, I, model name: GALNT 1200, 9106536) manufactured from F in the above C gun operated by the Defendant without undergoing an inspection.

Accordingly, the defendant did not undergo an inspection on five guns manufactured by him.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to gun field photographs and seized articles;

1. Article applicable to the crime, Article 71 subparag. 3, Article 21(4) (the occupation of paragraph (1)), Article 72 subparag. 4, Article 42(1) (the occupation of paragraph (2)) of the Control of Firearms, Swords, Explosives, etc. Act, and each fine shall be imposed on the crime;

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