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(영문) 창원지방법원 2016.07.15 2015고정715
총포ㆍ도검ㆍ화약류등단속법위반등
Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,000,000, respectively.

Defendant

O.

Reasons

Punishment of the crime

[2015 High 715 [Defendant Company] Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established in Kimhae-si F for the purpose of manufacturing and selling chemical carbon, etc., and Defendant A is the representative director of Defendant Company.

1. Any person who wishes to blast or burn Defendant A powders shall obtain permission for the use of powders from the chief of the police station having jurisdiction over the place of use of powders under the conditions as prescribed by the Ordinance of the Ministry of Administration;

A. Defendant A, without permission from the head of the competent police station on January 2012, 201, conducted blasting and burning tests by, without permission, the launch of tear gas produced by B in the open-gu area in the Yandong-si, Kimhae-si, Mansan Complex.

B. On May 2013, Defendant A, without permission from the head of the competent police station, conducted blasting and burning tests, such as launching a gas emission gun, with regard to the tear gas Class 2 and multiple strings produced by Defendant Company, in the area where the Nakdong River is located in the vicinity of the three sides near the three sides at the time of the superintendent of the competent police station.

2. The Defendant Company committed the same offense as that described in paragraph 1 in relation to the Defendant’s business at the date, time, and place described in paragraph 1.

[2015 High 1295] Defendant A is the representative director of the explosives processing company B, which produces and exports tear gas in Kimhae-si F, and DefendantO is a person in charge of powders manufacturing and security of the company.

1. Defendant A

(a) A person who conducts the business of manufacturing guns and explosives in violation of the Control of Firearms, Swords, Explosives, etc. Act shall obtain permission from the Commissioner General of the National Police Agency for each factory, as prescribed by Ordinance of the Ministry of Government Administration and Home Affairs, and shall obtain permission from the Commissioner General of the National Police Agency even when he/she intends to change the location, structure, facilities or equipment of the factory or to change the kinds of guns

Nevertheless, Defendant A was used in the existing factory B around the end of December 2014 without obtaining permission from the Commissioner General of the National Police Agency.

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