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(영문) 창원지방법원 밀양지원 2018.05.03 2018고정4
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates C in Gyeong-gun, Gyeongnam-gun.

Powders shall be stored in a powders repository, and materials other than powders stored in a powders repository shall not be stored in a powders repository, the defendant, around November 24, 2017, placed 5 fireworks and 3 boxes in a double wave powder powder storage place in the above C's toy fireworks on November 24, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Requesting cooperation in investigation;

1. Application of Acts and subordinate statutes on site photographs;

1. Article applicable to the crime, Article 72 Subparag. 1 and Article 24(1) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. that are selected to commit a crime (hereinafter “Guns and Powders Act”), the selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act (amended by the Defendant’s defense counsel, and 5 boxes of fireworks kept in the toy fireworks repository are equal to the weight of about 5 km to the quantity that the Defendant can store at a place other than the powders repository (proviso of Article 24(1) of the Guns and Article 27 of the Enforcement Decree of the Guns and Powders Act). In such cases, Article 47(2) of the Enforcement Decree of the Guns and Powders Act (it does not place any material other than the powders stored in the repository) Article 46(1)3 of the Guns and Powders Act (it does not violate Article 24(1) of the Guns and Powders Act even if the fireworks are stored together with three boxes of a large amount of spawn, as described in the judgment below.

The argument is asserted.

The concept of toy fireworks is divided into a straw, fireworks and toy fireworks (Article 2(3)3 (g) and (h) of the Guns and Powders Act) so that toy fireworks can not be stored in a toy fireworks repository (Article 25(1) of the Guns and Powders Act, Article 28(1)6, and 7 of the Enforcement Decree of the Guns and Powders Act, because they are classified into storage cattle (Article 2(3)3 (g) and (g) of the Guns and Powders Act). Thus, toy fireworks repositories are not stored except toy fireworks (see attached Table 28(3) of the Enforcement Decree of the Guns and Powders Act).

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