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(영문) 대전지방법원 홍성지원 2021.02.04 2020고합74
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

Except as provided for in Acts and subordinate statutes, where a person intends to possess an electronic shock gun for gun swords and powders, he/she shall obtain permission from the head of a police agency having jurisdiction over the domicile, and shall not sell or lease a gun by means of a speculative street store in the field of explosives sprayers, electronic shock challs, or other outdoor commercial activities, or door-to-door sales under the Act on the Consumer Protection in Electronic Commerce, Etc., and door-to-door sales under the Act on Electronic Mail Order and Door-to-Door Sales, Etc., for the purpose thereof.

Nevertheless, from around August 2019, the Defendant displayed a total of 2,00,000 won to customers for sale at the front point of D located in Dongdaemun-gu Seoul Metropolitan City, on June 21, 2020, when he possessed 2 guns (Gump gun) without obtaining permission from the Commissioner General of the National Police Agency in the place of residence of the Defendant located in Hongsung-gun, Hongsung-gun. In addition, around June 21, 2020, the Defendant advertised the total of 2 drugs for the purpose of selling to customers.

Summary of Evidence

1. The defendant did not know that the defendant's act of recording the facts constituting the crime of this case was committed, and the record pictures and field photographs of firearms and records of the seizure list to the effect that the defendant had committed the act of recording the facts constituting the crime of this case (the defendant and his defense counsel did not know that the defendant's act constitutes a gun with the total sum of two copies of the advertising for sale). Thus,

The argument is asserted.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, the statement to the effect that the defendant actually works in the course of explaining the specific operating principles of the total amount of medicine that he/she intends to sell at the time of dialogue with police officers, and the fact that the defendant attempted to sell the total amount of approximately KRW 3 million per 2 million, it can be sufficiently recognized that the defendant had intention to commit the crime of this case.

Therefore, the defendant.

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