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(영문) 창원지방법원 마산지원 2016.06.14 2016고단346
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who was a member of the GW branch of the Wild Animal Management Association from around 2011 to around 2015.

A person who intends to engage in the business of manufacturing guns or chemicals shall obtain permission from the Commissioner General of the National Police Agency, and shall not manufacture guns or chemicals unless he/she has obtained permission to engage in the business of manufacturing guns or chemicals.

1. Around August 2013, the Defendant: (a) requested the parts processing factory in Changwon-si, Changwon-si, Changwon-si, to manufacture a part of a shot gun (the so-called “shot gun”; (b) KRW 100,000,000,000 of the main mold that can generate a part of a shot gun (the so-called “shot gun”; (c) around that time, the Defendant made a shot machine containing approximately 100,000,000 of the main mold from the key to the Defendant’s operation in Changwon-si, Changwon-si, Changwon-si; and (d) made a shot gun containing about 17-18.3m in diameter in diameter and approximately 24-26g in weight in the main mold; and (e) made a shot gun containing the parts of the shot gun in the upper part of the shot gun.

Accordingly, even though the defendant is not a person who has obtained permission for the manufacture of chemical products, the defendant manufactured live bullets as chemical products.

2. On November 2013, the Defendant: (a) requested the factory of parts, such as paragraph (1) of this Article, to produce air gun noise devices illegally; (b) produced approximately KRW 100,000 air gun noise machines in the shape of an original 10,000 square meters in length and KRW 5cm in diameter with aluminium materials; and (c) 100,000 won in length.

Accordingly, even if the defendant is not a person permitted to manufacture guns, he manufactured a noise machine which is a part of guns.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E (tentative name), F, G, and H;

1. Each protocol of seizure, each list of seizure and each protocol of destruction;

1. Notification of the results of inquiries into facts, such as permission to possess guns, viewing on guns, response to requests for appraisal, investigation report (in relation to the Control Act on Firearms, Swords, Explosives, etc.), investigation report (interpellations on telephone of the Guns and Powders Safety Technology Association), investigation report (in the principal mold processing place and work person);

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