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(영문) 춘천지방법원 영월지원 2017.04.28 2017고정36
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is the representative of B, and Defendant B is a corporation established for the purpose of manufacturing and drawing explosives and retailing.

1. In order to store Defendant A powders, she shall be placed up by receiving, parallelly, a sunken timber with a height of not less than 9cm from the inner floor of the storage site or with a resistant plastic bed, and 30cm away from the inner wall of the repository at a height of not more than 1.8m;

Nevertheless, on August 18, 2016, the Defendant: (a) stored the shot gun on the floor at 2.35 meters high from the wall, and stored at 10cc away from the wall, and violated the storage method.

2. Defendant B, the Defendant, at the same time and place as paragraph (1), committed the above act of violation against A, who is the representative.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. A report on investigation;

1. Application of Acts and subordinate statutes governing registration;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 72 Subparag. 1 and Article 24(1) of the Act on the Safety Control of Firearms, Explosives, Etc.; selection of fines

B. Defendant B corporation: Articles 76, 72 subparag. 1, and 24 subparag. 1 of the Act on the Safety Management of Guns and Powders, Etc.

1. Defendants to be suspended from sentence: Fine of 700,000 won; and

1. Defendant A detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The defendants of suspended sentence: Article 59(1) of the Criminal Act (the defendants reflect the fact that the defendants are in violation of the law, the absence of the same kind of power, and other circumstances leading to the violation, the degree of such violation, etc.);

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