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(영문) 창원지방법원 2017.06.15 2016노1872
총포ㆍ도검ㆍ화약류등단속법위반등
Text

The parts of the judgment of the court below against Defendant A, C, and B shall be reversed.

Defendant

A shall be punished by a fine of three million won.

Reasons

1. Summary of grounds for appeal;

A. From the judgment of the court below 1, Defendants 1 and 6 of the former Act on Control of Explosives, Etc. (amended by Act No. 12960, Jan. 6, 2015; hereinafter “former Act”), the act of adding NC to the promotion agents of tear gas (Defendant A and B) does not fall under cases where the risk of human life or body increases compared to the products already permitted, and does not constitute separate products with entirely new ingredients unlike the products already permitted, and the act does not fall under other products with increased risk of human life and body, or changes directly related to safety management, and thus, guns do not fall under those subject to manufacturing permission under Article 4(1) of the former Act on Control of Explosives, Etc. (amended by Act No. 12960, Jan. 6, 2015; hereinafter “former Act”).

B) Of the judgment of the first instance, the main text of Article 24(1) of the former Act related to the part of the place of storage of explosives (defendant A and B) provides that the storage of explosives shall be made in a powders repository, and the proviso to Article 24 provides that explosives less than the quantity prescribed by Presidential Decree may be stored in a place other than a powders repository.

In addition, Article 27 of the former Enforcement Decree of the former Act (amended by Presidential Decree No. 26858, Jan. 6, 2015; hereinafter “former Enforcement Decree”) concerning this, [Attachment 6] provides that “other fire-processed articles” containing tear gas may be stored in a place other than powders storage place up to 25 km.

In this regard, since the defendants' total quantity of black powders contained in the 2,000 white powder loaded in the factory Ma, the defendants cannot be punished in accordance with the old law because they were 16 km, which can be stored in a place other than the powders storage place.

C) Of the judgment below of the court below Nos. 1, 3, and 4, the part concerning the use of explosives without permission and the proviso of Article 18(1) of the former Act (Defendant A, B, and C) related to the judgment of the court below No. 2.

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