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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence of the lower court (the fine of KRW 1,00,000) is too unhued and unreasonable.
B. Defendant 1) misunderstanding of facts is merely a part having separate parts not assembled, rather than a finished part of a maternity gun, and thus, it cannot be deemed as a imitated gun. In fact, punishing an illegal air gun because it cannot be distinguished from the original gun and a shooting gun, is in violation of the principle of clarity in the principle of no punishment without the law, and even though the defendant did not have the purpose of threatening awareness of illegality or public interest, the judgment of the court below which found the defendant guilty of the facts charged in the instant case guilty of the facts charged in violation of the principle of no punishment without the law, which affected the conclusion of the judgment. 2) The sentence of the court of unfair sentencing
2. Judgment on the assertion of mistake of facts
(a) The provisions of the Enforcement Decree of the Firearms, Swords, Explosives, etc. and Firearms Act shall be listed in the annexed sheet;
(b)Paragraph 1 of Article 11 of the Control of Firearms, Swords, Explosives, etc. provides that "a gun that seems to be similar to a gun" and prohibits its manufacture, sale and possession, which meet the requirements prescribed by Presidential Decree. Here, "a gun that appears to be similar to a gun" includes not only cases where the gun shape is similar to that of the gun but also cases where it is deemed similar to that of the gun because its function is similar to that of the gun and its function is similar to that of the gun. Thus, unlike subparagraph 1 of Article 13 and [Attachment Table 5-2] of the Enforcement Decree of the same Act that requires similarity with the gun, which does not require that, unlike subparagraph 2 of subparagraph 2 of the same Article, is similar to that of the mother gun defined in the same subparagraph.
(Supreme Court Decision 2010Do11030 Decided January 27, 201). C.
(1) Among the guns confiscated by the defendant as properly explained by the court below, pk was an independent part, not a finished product.