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(영문) 서울북부지방법원 2016.02.19 2015고단4242
총포ㆍ도검ㆍ화약류등단속법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to possess swords, explosives, gas sprayers, electronic shock machines, or crossbows shall obtain permission from the head of the competent police station, but the defendant did not obtain permission from the head of the competent police station.

1. On November 2014, the Defendant: (a) discovered four blank cartridges (7.62 x 5m) produced in 1987 from the RaTO, which was located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City’s warehouse section; and (b) stored four blank cartridges (7.62 x 5m).

around June 2015, the Defendant manufactured and stored such blank cartridges in the Defendant’s house located in Seoul Special Metropolitan City, Nowon-gu apartment C apartment No. 106, 1314 as shot ball cartridges and filed a lawsuit until August 7, 2015.

2. In around 2011, the Defendant: (a) was in possession of swords 49cc in length at the office of the Defendant located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu; (b) 1 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife 20cc in length; (c) knife knife knife knife knife knife knife knif knif knif knif knif knif knif knif knif knif knif k.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police seizure protocol and photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts constituting an offense, Article 70 subparagraph 2 of the Control of Firearms, Swords, Explosives, etc. Act, Article 12 (1) 3 (the occupation of possessing explosives without permission), Article 71 subparagraph 1, and Article 12 (1) 3 (the occupation of possessing unauthorized swords) of the Control of Firearms, Swords, Explosives, etc. Act, and the choice of imprisonment, 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 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation reflects the defendant's wrongness, and there was an accident where powders were placed in a gun and lost fingers, and it was difficult to live as a recipient of basic life, and it was also the extreme thought of suicide.

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