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(영문) 수원지방법원 여주지원 2017.05.23 2017고정23
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No gun shall be sold or advertised for the purpose of electronic commerce or mail order using the Internet, etc.

Nevertheless, from 00:00 on January 7, 2016 to 17:10 on April 15, 2016, the Defendant posted and advertised an air gun, which is a gun, on the bulletin board of the Internet portal site, under the title “China High-Nation Caf,” “for the purpose of selling the air gun.”

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection (violation of the Act on the Safety Control of Knives Explosives, Etc.) and report of internal investigation (the process of detection);

1. Application of the Acts and subordinate statutes concerning the pictures posted on advertisements;

1. Article applicable to the facts constituting an offense, and Article 72 subparagraph 1 and Article 72 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. that are selected to commit a crime, and the selection of fines;

1. A fine not exceeding 700,000 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. Article 59(1) of the suspended sentence (Article 8 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc.) of the Criminal Act (amended by Act No. 12960, Jan. 6, 2015; hereinafter “sale by means of electronic commerce, mail order, etc. or advertisement for such purpose” was prohibited, and the said amended Act was enforced from January 7, 2016.

In this case, Defendant 1 posted an advertisement on the bulletin board of the "Satop of the Highest Republic of Korea" on May 23, 2015, prior to the enforcement of the above amendment, but did not delete the advertisement after the enforcement of the amendment, and thus, Defendant was indicted for this case. It is difficult for Defendant to accurately understand the amendment of the above Act, and it is also considered in the process of committing the crime.

In addition, there is no circumstance that the defendant violated the relevant statutes in relation to the possession of firearms, the air gun does not go to the actual sale, the defendant recognizes the crime of this case, and the defendant is punished once by a fine due to drinking.

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