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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant is a person who engages in automobile maintenance business under the trade name of “C,” and is a person who uses “D” in the Republic of Korea.
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 transactions using the Internet, etc., mail orders, or door-to-door sales through the Internet, etc.
Nevertheless, from January 7, 2016 to April 15, 2016, the Defendant used AD’s “D” on the bulletin board of the country of the Republic of Korea from among the NAV, the Internet portal site, and advertised it for the purpose of sale by posting a photograph of air gun together with its title.
Summary of Evidence
1. Partial statement of the defendant;
1. The advertisement notice and the closure photograph;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article applicable to the facts constituting an offense, Article 72 Subparag. 1 and Article 72 of the Act on the Safety Control of Inspection of Explosives, Etc., and Selection of a fine, Article 8 of the same Act;
1. A fine not exceeding 300,000 won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Determination as to the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Act (see, e.g., circumstances leading to the instant crime and circumstances before and after the instant crime)
1. Around December 8, 2014, the Defendant’s summary of the assertion posted the instant advertisement, and the advertisement was terminated at that time.
Article 8 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (hereinafter “instant provision”) which is the basis for the instant punishment is amended to punish the act of selling guns, swords, explosives, gas sprayers, electronic shock machines, or crossbows (hereinafter “Guns, etc.”) through the Internet, etc. or advertising for such purposes on January 6, 2015, after the completion of the Defendant’s advertising act. It was enforced from January 7, 2016.
Therefore, the provision of this case is the defendant's act prior to the amendment on December 1, 2014.