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(영문) 서울남부지방법원 2017.11.16 2017고정1137
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendant A is the director of the Section C Team of the instant facts charged, and Defendant B is a corporation established for the purpose of managing and operating an airport.

Where a person intends to possess "a long-term gun using the principle of detonating caps" under Article 3 (1) 1 (l) of the Enforcement Decree of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., he/she shall obtain permission for possession from the head of the competent local police agency pursuant to Article 12 of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.

A. As between July 13, 2016 and March 31, 2017, Defendant A entered into a contract for the purchase of explosives with D, and entered into a contract for the purchase of explosives with (ju) E at the B, and through the said company for the purchase of explosives, and distributed three of the three airports (H, I, and J airports) affiliated with B without obtaining permission from the Commissioner General of the Local Police Agency, and possessed it through the employees in charge of the said airport.

B. As above, Defendant B, an employee of the Defendant, possessed explosives crushing machine, a gun without obtaining permission from the Commissioner General of the Local Police Agency with respect to the Defendant’s duties, and the Defendant’s employee, carried out one of explosives crushing machine (M), a gun purchased from (ju: M), and (O) N, without obtaining permission from the Commissioner of the Local Police Agency, between October 5, 2016 and March 31, 2017.

2. Comprehensively taking account of the following circumstances acknowledged by the court’s adopted and examined evidence, the Defendants’ act constitutes a case where the Defendants’ act does not constitute a crime, and thus, the Defendants are acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the Defendants is publicly announced in accordance with the main sentence of Article 58(2) of the Criminal Act.

(1) Article 10 of the Aviation Security Act provides that “The Minister of Construction and Transportation shall perform the aviation security service.”

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