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(영문) 서울서부지방법원 2017.11.29 2017고정1411
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. Where any person intends to possess guns, swords, explosives, gas sprayers, electronic shock machines and crossbows, he/she shall obtain permission from the head of a police station having jurisdiction over the domicile;

Nevertheless, from the early July 2017 to November 1:30 of the same month, the Defendant stored 19 gas sprayers without obtaining permission from the head of the police station having jurisdiction over the domicile in the Recycling Center run by the Defendant, which was operated by the Defendant, and possessed 19 gas sprayers.

2. No guns, swords, explosives, gas sprayers, electronic shock machines, or crossbows shall be sold or leased, or advertised for the purpose thereof, by means of gambling, street stores, outdoor commercial activities, electronic commerce and mail orders under the Act on the Consumer Protection in Electronic Commerce, Etc. and door-to-door sales under the Door-to-Door Sales, etc. Act using the Internet, etc.;

Nevertheless, on July 4, 2017, the Defendant posted an advertisement to the effect that, for the purpose of selling 19 gas sprayers, the said gas sprayers were displayed on the Internet, for the purpose of selling 19 gas sprayers, 1 photographic pictures taken of the said gas sprayers on the Internet, and 1 and “assigning the said gas sprayers.”

Summary of Evidence

1. Partial statement of the defendant;

1. Reporting on detection (unauthorized possession of gas sprayers and advertising for sale on the Internet);

1. A protocol of seizure and a list of seizure;

1. In the investigation report (request for appraisal of seized articles), the Defendant alleged to the effect that “the Defendant was unaware of whether the crime of this case was punished,” but the mere site of the law alone has a legitimate ground for mistake in the law.

Therefore, the above argument is not acceptable. The above argument is not accepted.

1. Article 71 subparag. 1 of the Act on the Safety Control of Firearms, Etc. and Article 12 subparag. 3 of the same Act (the occupation of holding a permit for gas sprayers) on criminal facts, Article 72 subparag. 1 of the Act on the Safety Control of Inspection of Firearms, Etc. and Article 72 subparag. 1 of the same Act on the Safety Control of Inspection of Guns and Powders, Etc.;

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