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(영문) 수원지방법원 2020.05.14 2020고단331
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Where a person other than a gun manufacturer, etc. intends to possess air guns, gas sprayers, or swords among guns, he/she shall obtain permission from the chief of the police station having jurisdiction over the domicile

1. The Defendant possessed an air gun without permission from the chief of the competent police station, and possessed the air gun (OYX300) (OYX300), which is a gun, at the former place of residence in Ansan-si B from September 2016 to September 6, 2019, without obtaining permission.

2. The Defendant’s possession of gas sprayers and swords without obtaining permission from the chief of the competent police station, and without obtaining permission, stated in the indictment for gas sprayers at the time and place specified in paragraph (1) as “Guns” but the indictment for gas sprayers (SOS909) is clearly stated as “Guns.” However, this is obvious that it is a clerical error in the “gas sprayers.” As such, this part of the facts charged is corrected as above.

A gas gas gas gas gun(s) 1, gas gas sprayers (SOS909), swords(s) 1, and 1 gas powder(s) 1 gas gun(s) were stored and possessed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The details of firearms permission and the photographic site of each seized article;

1. Application of each applicable statute to the seized air gun (OYX300), one knife (Evidence No. 1), one knife (Evidence No. 2), one knife gas gun (Evidence No. 3), one knife gas gun (Evidence No. 4), seven knife (Evidence No. 5), and three knife (Evidence No. 6);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Possession of air gun without permission: Articles 70(1)2 and 12(1)2 of the former Act on the Safety Management of Firearms, Swords, Explosives, Etc. (Amended by Act No. 15766, Sep. 18, 2018; hereinafter the same shall apply);

(b) Possession of gas sprayers and swords without permission: Subparagraph 1 of Article 71 and Article 12 (1) 3 of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.;

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

1. Article 62 of the Criminal Act:

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