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(영문) 의정부지방법원 2017.03.30 2016고정2635
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
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Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Where a person who is not eligible to possess a gun under statutes, etc. intends to possess a gun, he/she shall obtain permission from the head of the competent police officer having jurisdiction over the domicile.

1. A person who is permitted to possess guns to the head of the police agency having jurisdiction over the defendant A shall renew the permission every five years from the date of obtaining the permission;

On November 28, 1983, the Defendant obtained permission to possess a total air KR83T 5.5m, and did not renew the permission despite the expiration of the period for possession on November 27, 1988, and kept it in the Defendant’s house warehouse located in C and 104 Dong 203m/ Dong by April 2016.

Accordingly, the defendant possessed a gun without obtaining permission from the head of the police station having jurisdiction over the domicile.

2. Defendant B did not obtain permission to possess the aforementioned guns, and received free donation of the said air gun from the above A’s house around April 2016, and kept it in the Defendant’s house located in Scheon-si D until August 26, 2016.

Accordingly, the defendant possessed a gun without obtaining permission from the head of the police station having jurisdiction over the domicile.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on occurrence (violation of the Act on the Safety Control of Guns and Explosives, Etc.) and report on the results of investigation;

1. Seized records and seized firearms photographs;

1. Application of a reply to inquiries, such as criminal history (A, B);

1. Article 70 (1) 2 and Article 12 (1) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.; Selection of fines for the crime;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendant A: Article 48(1) of the Criminal Act;

1. Defendants of the provisional payment order: (a) examining the reasons for sentencing of Article 334(1) of the Criminal Procedure Act; (b) recognizing all the criminal facts of the instant case, the Defendants are against their mistakes; and (c) Defendant A obtained permission when he first possesses a gun.

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