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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall possess a maternity gun with the same shape as that of a gun and with which the possession to be abused for a crime is remarkable.
Nevertheless, from around December 10, 2008 to May 20, 2014, the Defendant possessed one ambiguous gun which is highly likely to be misused for a crime because it is similar to the actual gun in Busan B, and the MAGNUM gun and the MAGNM gun.357.57.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Police seizure records;
1. Pistol photographs;
1. Application of Acts and subordinate statutes to written appraisal;
1. Article 73 of the Control of Firearms, Swords, Explosives, etc. Act regarding criminal facts, subparagraph 1 of Article 73 of the Control of Firearms, Swords, Explosives, etc. Act, and Selection of imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant appears to have committed a crime and attitude against him/her;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;