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(영문) 부산지방법원 동부지원 2017.02.17 2017고정124
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Although a person intends to possess guns, swords, explosives, gas sprayers, electronic shock machines, or crossbows, he/she obtained permission from the chief of the police station having jurisdiction over his/her domicile as prescribed by Ordinance of the Ministry of Government Administration and Home Affairs on September 2016, the Defendant discovered gas sprayers (SOS-404) from among the Do removal operations conducted at the office located in Gumi-si B around the Gumisi-si around 2016 and stored them without permission.

2. Firearms, swords, explosives, gas sprayers, electronic shock machines, and crossbows are no longer sold or leased by means of street stores or other outdoor commercial activities, or door-to-door sales under the Act on the Consumer Protection in Electronic Commerce, Etc., and door-to-door sales under the Act on Door-to-Door Sales, Etc., by using the Internet, etc., or are not advertised for such purposes. However, around September 26, 2016, the Defendant prepared and posted an advertisement on the Internet “D” bulletin for the purpose of selling the said gas sprayers (SOS 404) on September 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection;

1. The evidence No. 1, seized, asserted to the effect that the Defendant was “the Defendant was unaware of whether the instant crime was punished,” and the facts acknowledged by the evidence duly adopted and investigated by the court, and the mere site of the law alone has a legitimate ground for legal error.

In full view of the facts that it is difficult to recognize the facts charged of this case, the application of statutes is guilty.

1. Article applicable to the crime, Article 71 subparagraph 1 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. that are subject to the option of punishment, and Articles 71 and 12 (1) (unauthorized possession) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., subparagraphs 1 and 72 of Article 72 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (which violates the prohibition of advertising for the purpose of Internet sale) (Selection of each fine);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

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