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Reasons
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(영문) 인천지방법원 2014.10.15 2014고단4892
총포ㆍ도검ㆍ화약류등단속법위반등
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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

The Defendant was a person who is engaged in artificial fishery;

1. Without the permission of the chief of the police station on 13:32 October 2016, 2014, by carrying persons discharged to the C Hospital located in Incheon Strengthening-gun B, and carrying swords with them carrying a gun carrying a gun, the total length of which is 63cc (the knife 46ccm, the knife knife 17ccm) at the ridge of the Defendant’s DNA rental car car zone, and carrying them;

2. Without driver’s license, from E-W to E-W of Incheon, the driver’s license of the vehicle during the front port to the above hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol on the accused and F;

1. Application of police seizure records, photographs, and the laws and subordinate statutes on car driving licenses;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Swords: Subparagraph 1 of Article 71 and Article 12 (1) of the Control of Firearms, Swords, Explosives, etc. Act;

(b) Unlicensed driving: Articles 152 (1) and 43 of the Road Traffic Act.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is the same kind of driving without a license, and the criminal liability is heavy in that the other party is trying to threaten swords during the dispute with the other party.

However, the sentence shall be determined as ordered in consideration of the fact that swords themselves appear not to have been produced for the original purpose of living, the confession of crimes, and the fact that they are divided in the course of committing other crimes, and the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct

It is so decided as per Disposition for the above reasons.

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