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(영문) 서울중앙지방법원 2017.08.08 2017고정1251
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to possess swords permitted for swords, explosives, gas sprayers, electronic shock machines, and crossbows shall obtain permission from the head of the police station having jurisdiction over his/her domicile;

Nevertheless, from August 201 to October 19, 201, the Defendant possessed knife knife or knife knife knife knife knife knife knife knife knife knife 7.5 cm) without obtaining permission at the Defendant’s residence.

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

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

Nevertheless, at around October 17, 2016, the Defendant posted a notice stating that the Defendant sold KRW 10,000,000, including the re-cream listed in paragraph 1 or 1 of thisf, on the Internet NAV bulletin board at the Internet NAV, a computer at the above residence.

Accordingly, the defendant advertised for the purpose of selling swords using the Internet.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report the detection;

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 swords's permission), Article 12 (1) 3 (the occupation of holding swords's permission), Article 72 subparagraph 1 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (the occupation of advertisements for the purpose of selling swords) 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) 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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