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(영문) 서울동부지방법원 2013.08.27 2013고정1173
총포ㆍ도검ㆍ화약류등단속법위반
Text

Defendants are not guilty.

Reasons

1. The facts charged in this case

A. Defendant A, on April 24, 2009, is a person engaged in the swords sales business under the trade name of “H” in Article 502 of the Gangseo-gu Seoul Metropolitan Government Building with permission for swords sales business granted by the Seoul Metropolitan Police Agency.

A person who has obtained permission for the import and manufacture of swords shall not transfer swords to any person other than those who have obtained permission for the import and manufacture of swords.

Nevertheless, the Defendant, without permission to possess swords around 06, 2012, received 30,000 to 38,000 to 38,000 to 12, Jung-gu, Seoul, Seoul, and sold swords 7 (hereinafter “instant swords”).

B. Defendant B and Defendant C are those who operate the (main) J of the product distribution chain in the Jung-gu Seoul Metropolitan Government, and Defendant C is those who manage the said store as its chief office.

On August 14, 2012, the Defendants conspired to keep and possess the instant swords purchased from A for the purpose of selling them, such as the description in the preceding paragraph, at the Jeju J Burial, without obtaining permission from the competent authorities.

2. The facts charged of the instant judgment are premised on the premise that all of the instant swords are “swords” as prescribed by the Control of Firearms, Swords, Explosives, etc. Act (hereinafter “Act”).

In full view of the provisions of Article 2(2) of the Act, Article 4(1) and attached Table 1 of the Enforcement Decree of the Act, and the nature of swords, “swords” under Article 2(2) of the Act means those having the form prescribed in attached Table 1 of Article 4(2) of the Enforcement Decree of the same Act and having the nature of “bee” or “bee” that may be used as lethal weapons, and Article 4(3) of the Enforcement Decree of the Act provides that “knife” or “bee” is impossible in terms of its standard and form.

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