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(영문) 광주지방법원 2017.05.11 2017고단27
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On July 10, 2014, the Defendant kept a total of 40 ball cartridges, including 36 gun ball cartridgess and 40 gun ball cartridgess, at the Defendant’s house located in Gwangju Dong-dong-gu 101 and 513 around July 10, 2014, without obtaining permission from the competent authorities.

Accordingly, the defendant possessed explosives without obtaining permission from the competent authorities.

2. The Defendant, on November 4, 2016, kept one crossbow at the Defendant’s house located in Gwangju Dong-gu C and 102 Dong 401, around November 4, 2016, without obtaining permission from the competent authorities.

Accordingly, the defendant possessed a stone bow without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Requests for permission to possess explosives, etc. and reports on the situation;

1. Police seizure records;

1. Field photographs, etc.;

1. Application of respective existing Acts and subordinate statutes of subparagraphs 1 through 3 of this Article;

1. Relevant Article on criminal facts, Articles 70(1)2 and 12(1) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (Amended by Act No. 12960, Jan. 6, 2015); Articles 71 subparag. 1 and 12(1) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (which means the possession of explosives without permission); and each choice of fines;

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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

Until now, the accused has lived faithfully without criminal records.

Powders shall be considered to have been possessed by the defendant upon succession.

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