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(영문) 서울중앙지방법원 2012.06.19 2011고정7032
총포ㆍ도검ㆍ화약류등단속법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Any person, although he does not manufacture, sell or possess those which look almost like the guns and which are determined by the Presidential Decree (hereinafter referred to as “imitation guns”), although he does not manufacture, sell or possess them;

1. On March 23, 2011, at around 15:42, the Defendant: (a) kept three PARA pistols in the “E” store located in the fifth floor of the Guro-gu Seoul Metropolitan Government D building; (b) kept three PALCON guns; (c) 2 STI EDAMMMMMMM gun 1; (d) 1 COLMMMMM gun 1; (c) 1 studs in the USMMMP; (d) one ridge in the floor; (e) one studol, one studol, one studol, one studol, and one studs in the BVMMMM.

2. Defendant B

A. On March 22, 2011, the Defendant: (a) around 13:30 on March 2, 201, kept 3 PPK pistols in the office of “G” located on the third floor of the Seoul Jongno-gu Seoul Metropolitan Government F building; (b) 2, COLT M 191A gun 2, BABY 1, 1, 1, 1, 1, 1, 1, 1, 34 small guns.

B. At around 14:35 on the same day, the above Defendant kept COLT M 191A gun in the Defendant’s house located in Jung-gu Seoul Central District H, and possessed it.

Summary of Evidence

[Article 1 of the Criminal Act at the Time of Sales]

1. Defendant A’s legal statement

1. A protocol of suspect examination of the police officer regarding I;

1. Protocol of seizure and list of seizure (one right, 49-51 pages of investigation records, two books);

1. Investigation report (one right, 189 pages among two books of investigation records);

1. A written report on the appraisal (2: 33-34 pages, 36-39 pages, among two investigative records);

1. A/S receipt copy;

1. Photographs of seized articles (one right among two copies of investigation records, 65-68 pages) / [Article 2 of the Criminal Act in the market];

1. Defendant B’s partial statement

1. Protocol of seizure and list of seizure (one right 30-32 pages of investigation records, two books);

1. A written report on the appraisal (two books for investigation records, pages 57-58, pages 86-90);

1. Application of Acts and subordinate statutes to photographs of seized articles (one right, 46-48 pages, among two copies of investigation records);

1. Relevant Article on criminal facts and the Defendants’ selection of punishment: Article 73 subparagraph 1 of the Control of Firearms, Swords, Explosives, etc. Act and Article 11 (1) of the same Act.

1. Defendants among concurrent crimes: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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