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(영문) 전주지방법원 군산지원 2015.07.24 2015고정187
총포ㆍ도검ㆍ화약류등단속법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is an unqualified person.

1. A person who is permitted to possess guns, swords, explosives, gas sprayers, electric shock machines, or crossbows in violation of the Control of Firearms, Swords, Explosives, etc. Act shall not use such guns, swords, gas sprayers, electroshock weapons, or crossbows unless permitted purposes or other justifiable grounds exist;

Nevertheless, on December 21, 2014, the Defendant violated the air gun (Hun-MalaR5) owned by himself, who was permitted to possess in a large tree field adjacent to C cafeteria B located in Gunsan-si, Gunsan-si, by using 5.0 meters of air gun (Hun-MalaR5) for other than permitted purposes.

2. No person who violates the Wildlife Protection and Management Act shall carry firearms and live bullets with the intent to capture wildlife, such as hunting in a place other than a hunting ground, in violation of the Wildlife Protection and Management Act;

Nevertheless, on December 21, 2014, the Defendant committed a violation with the purpose of catching wild cirls with a view to catching air guns (Hunting posters5) 5.0 meters and two ball cartridges, which are owned by himself/herself, in a large tree field adjacent to a Ccafeteria located in a cafeteria B in the Gunsan-si, Gunsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. A copy of a permit for possession of guns or a copy of a certificate for capture of game animals;

1. Application of Acts and subordinate statutes to investigation reports (on-site escape watchers' report on E currency);

1. Article 73 Subparag. 1 of the Control of Firearms, Swords, Explosives, etc. that constitute an offense, Article 73 Subparag. 1 and Article 17(2) of the Act on Control of Firearms, Swords, Explosives, Etc. that have been selected for a specific offense (the use of guns, etc. for which permission was granted), Article 70 Subparag. 14 of the former Wildlife Protection and Management Act (amended by Act No. 12521, Mar. 24, 2014) (the occupation of the meeting for the purpose

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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