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(영문) 대전지방법원 천안지원 2017.02.16 2017고정43
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture, who has obtained permission to possess firearms from the Seocho-west Police Station in the West-west of the Republic of Korea.

The permitting authorities for possession of guns may order those who are permitted to possess guns to keep them in a place designated by the permitting authorities for the maintenance of public safety, and order them to store firearms from 05:00 to 21:00 on the day when they release firearms.

On September 3, 2016, at around 07:59, the Defendant released a shot gun (title: ATA131, manufacturing number :B) used for catching harmful birds by releasing the firearms kept with the permission to capture live animals from August 5, 2016 at the 5,00 Seo-gu 5, Seocheon-gu, Seocheon-gu, Seocheon-gu, 201 to the police station, and did not bring the shot gun into the police station for more than four hours and thirty minutes from 21:0 to 30 minutes from the date following the delivery, and did not bring the shot gun to the police office for more than 01:30 minutes from the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the Acts and subordinate statutes stated in each investigation report and notification of cancellation of storage of guns;

1. Article applicable to the facts constituting an offense and Articles 71 subparagraph 6 and 47 (2) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. selected to commit an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment has past records of having been punished eight times (one time to suspend the execution of imprisonment with prison labor, and seven times) for the crime of dual payment (when the defendant is sentenced to a fine due to a violation of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., he/she cannot obtain permission for possession for a period of five years, and thus, it is likely

However, on April 12, 2001, the defendant was sentenced to a suspended sentence of 8 months for a crime of violating road traffic law in the support of the Daejeon District Court on April 12, 2001, and the judgment became final and conclusive on the 20th of the same month on the 20th of the same month.) and on the other hand, the defendant was a same crime.

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