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(영문) 서울중앙지방법원 2013.05.15 2013노1152
총포ㆍ도검ㆍ화약류등단속법위반
Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is an unreasonable sentencing, respectively. 2. This Court’s judgment is not less complicated than that of the Defendant, on the grounds that the amount and quantity of the gas emission guns manufactured or exported without permission, and other cases, such as selling gas guns without permission, and storing the detonating caps in an unauthorized place.

However, on the other hand, when the permission of the defendant who was engaged in the business of manufacturing and selling the firearms was revoked, he/she manufactured or exported the gas emission gun by using another person's permission. Thus, it is highly different from the case where a person who did not have technology and equipment manufactured and distributed the firearms closely without permission. The defendant did not have any record of punishment for any similar type of crime, and the defendant was 71 years old, and the defendant was g1 years old, and the defendant was aware of all of the criminal facts in the trial of this case, and the defendant was g1 years old, and the defendant was able to deeply repent the wrong facts. In full view of various sentencing conditions shown in the argument of this case, such as the defendant's age, character, character and behavior, home mode, motive and circumstance of the crime, before and after the crime, it is recognized that the punishment of the first instance court is somewhat unreasonable (the prosecutor's argument that the sentencing of the first instance is too inappropriate is inappropriate). Accordingly, the defendant's appeal is justifiable, and the defendant's appeal is reversed through the first instance judgment, and the following judgment.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 70(1)2, 4(3) main sentence of Article 70(1) and (1) of the Control of Firearms, Swords, Explosives, etc. Act concerning criminal facts, and the choice of punishment, and Articles 70(1)2 and 9(1) of the Control of Firearms, Swords, Explosives, etc. Act shall be permitted;

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