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(영문) 의정부지방법원 2015.02.17 2014고정2784
총포ㆍ도검ㆍ화약류등단속법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 11:25 on August 14, 2014, the Defendant operated a street shop where he sells military supplies, etc. on the street in front of the B tunnel at Yangju, and notwithstanding the fact that he does not have the qualifications to possess guns or mother guns, swords, etc. under the relevant statutes.

In order to sell without obtaining permission from the chief of the Yangju Police Station, one gas discharger ( model name: SP8-3) and three knivers, each of which is 25 cm and 45 cm for the purpose of sale, "one motor knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

In this respect, the defendant possessed guns, mother guns, swords, etc. without obtaining permission from the chief of the police station.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Requests for cooperation with investigation and reply to the results thereof;

1. Investigation report (as to whether any article possessed by a suspect is subject to the application of the same Act);

1. Application of Acts and subordinate statutes to the site and photographs of seized articles;

1. Article 70(1)2 of the Act on the Control of Firearms, Swords, Explosives, Etc. (amended by Act No. 12844, Nov. 19, 2014; hereinafter “the Act”), the proviso to Article 12(1)1, the main sentence of Article 71, Article 12(1)1, Article 73 subparag. 1, and Article 11(1) of the Act on the Punishment of Illegal Guns, Swords, Explosives, Etc. (amended by Act No. 12844, Nov. 19, 2014; hereinafter “the Act”), Articles 73 subparag. 1, and 11(1) of the Act on the Punishment of Crimes

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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