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(영문) 대전지방법원 서산지원 2017.06.02 2017고단196
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person, other than a person who has obtained permission to engage in the business of manufacturing guns, swords, explosives, gas sprayers, electronic shock machines, or crossbows from the Commissioner General of the National Police Agency for the manufacture and possession of guns, shall manufacture guns, swords, explosives, gas sprayers, electronic shock machines, or crossbows, and where he/she intends to carry hunting guns, gas guns, air guns, butcher guns, slaughter guns, industrial rescue guns, or parts thereof, he/she shall obtain permission from the head of a police station having jurisdiction over his/her domicile;

Although there was no permission from the Commissioner General of the National Police Agency for manufacturing and possession of guns, the Defendant: (a) on July 2016, at a warehouse owned by C, which is located in Jinjin City, located in B; (b) on the Internet site, used the method of manufacturing “Pipe,” which was known through Youtline (Youtline); (c) made a part of the total heat of guns to be 65cm with the pipe so as to cut off; and (d) manufactured a gun that can fire a shot gun by using the method of shocking the part of the gun’s shot, etc.; and (c) possessed the gun from around that time to February 10, 2017.

2. Where he/she intends to possess a hunting gun, gas-emitting gun, air gun, butcher, industrial gun, rescue and life saving gun, or parts thereof among guns that possess gun parts, he/she shall obtain permission from the head of a police station having jurisdiction over his/her domicile;

On May 9, 201, the Defendant transferred the possession of a hunting gun to D, but thereafter, possessed 29 shot gun eggs from that time to February 10, 201 without obtaining the possession permission of a hunting gun and its parts from the time to the head of the competent police station from February 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each protocol of seizure and the list of seizure;

1. The application of Acts and subordinate statutes concerning the current status of possession of firearms in each field photograph and firearms owned;

1. Article applicable to the facts constituting an offense and Article 70 of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. selected for punishment;

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