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(영문) 대전지방법원 서산지원 2019.03.07 2018고단1315
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

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

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

Reasons

Punishment of the crime

Where anyone intends to possess guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows, he/she shall obtain permission from the competent authority, as prescribed by Ordinance of the Ministry of Public Administration and Security.

Nevertheless, the Defendant:

1. In and around December 2010, in and around the sea near the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, one of the unauthorized firearms holders, with no permission from the competent authorities, hold in and with the Defendant’s residence located in Seosan-si C without permission from the competent authorities, from that time to August 13:40, 2018;

2. From around 2013 to around 2014, three of the following: (a) purchase of eggs (NSI, DUE, red) 49; (b) 12; (c) 35; (d) 34; (b) 21; (c) alhot (MB RORNG RG RG RG RG; white; (d) 21; (e) alhot (ABK; and green) alhots on the gun in an influorial area; and (e) possession of eggs (NSI, DUE; (e) 13:40, August 30, 2018; and (e) possession of eggs at the Defendant’s residential area located in Western-si C without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation and a fire extinguishing computer system;

1. A report on internal investigation (a report on reporterD's internal investigation);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes in Part nine copies of a seizure site photograph;

1. Article 70 (1) 2 and Article 12 (1) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. (Amended by Act No. 15808, Oct. 16, 2018) applicable to the relevant criminal facts and the selection of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) recognizes and reflects the defendant's wrongness, and the criminal records are currently punished for crimes of a kind different from this case, but they are punished for the same crime.

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