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(영문) 의정부지방법원 고양지원 2016.05.27 2016고단883
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is a person who operates a sales store of the U.S. military supplies in the name of “C” in the territory of the State of Pakistan.

A person who intends to engage in a sales business of swords, etc. shall obtain permission from a local Commissioner General of the National Police Agency having jurisdiction over the location of a sales place as prescribed by Ordinance of the Ministry of Information and Communication

Nevertheless, around March 18, 2016, at around 15:30 on March 18, 2016, the Defendant displayed and kept jackack 6 Raf (C) for sale without obtaining permission from the Commissioner General of the Gyeonggi National Police Agency (C).

Accordingly, the defendant operated a swords sales business without obtaining permission from the local chief police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes, such as photographs of seized articles;

1. Article applicable to the facts constituting an offense and Article 71 subparagraph 1 of Article 71 and Article 6 (1) of the Act on the Safety Control of Inspection of Explosives, Etc. even if a gun is selected to commit an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the reason against the sentencing of Article 48(1)1 (Evidence No. 1 through 5) of the Criminal Act (Evidence No. 1 to 5) of the Confiscation Act, the fact that there are once the same electricity, the number of swords displayed and kept, the size of business, etc.

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