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(영문) 부산지방법원 2021.01.15 2020고합486
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

1. The sentence shall be suspended against the defendant;

2. To order the accused to be protected and observed.

Reasons

Punishment of the crime

Any person who intends to export or import guns and explosives shall submit relevant evidentiary documents, etc. to the Commissioner General of the Korean National Police Agency whenever he/she intends to export or import them, and obtain permission therefor from the Commissioner General of

Nevertheless, on February 11, 2020, the Defendant attempted to import air gun "B purchased from C" on an Internet site from the head of the Incheon International Airport International Airport International Logistics Center at 40-32, a 193-gil-ro, Jung-gu, Incheon, Jung-gu, Incheon International Airport, and the head of the customs office at around 40-32, and the head of the customs office at the Internet site (4.5m, 340m, 40m, 40m, 440m, and : D) without obtaining permission from the Commissioner General of the National Police Agency, but failed to commit an attempted act by being discovered from the Incheon International Airport Customs Office, which was undergoing the customs clearance procedure.

Summary of Evidence

1. Protocols of seizure and search of the defendant's legal statement;

1. Appellants, - Requests for an investigation, joint investigation - report on internal investigation (the receipt of the case and the submission and seizure of discretionary reports), internal investigation report (as a result of the examination of guns), report on internal investigation (as a result of the examination of guns), investigation report (as a result of the registration of shooting players), investigation report (as a result of the examination of seizure warrant), investigation report (as a result of the execution of search warrant), investigation report (as a result of the examination of seizure warrant), submission of suspect evidence(as a result

1. Article applicable to the facts constituting an offense, and Article 70 (2) and Article 70 (1) 2 and Article 9 (1) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. selected to commit an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)6 of the Criminal Act;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. A fine of 7.5 million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59-2 (1) and (2) of the Criminal Act to observe the protection of Article 59 (1) of the Criminal Act of suspended sentence;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Fines of 7.5 million won to 250 million won;

2. Scope of recommended sentences according to the sentencing criteria: Offenses for which the sentencing criteria are not set;

3. Sentence;

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