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(영문) 인천지방법원 2018.05.24 2018고단529
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence 9, 10, 12, 14 through 16, 18 through 27, 29 through 34, and 36.

Reasons

Punishment of the crime

The Defendant is a person who produces and distributes dynamics related to firearms, such as EFF cases, as the clinic called “C” in Internet U2B, and engages in BJ activities.

Where a person intends to possess a gun, he/she shall obtain permission as prescribed by Ordinance of the Ministry of Administrative Safety and Security, and no person shall manufacture, sell or possess a mother gun prescribed by Presidential Decree, which seems similar to a gun.

From March 2017 to August 29, 2017, the Defendant possessed 11 gun parts (No. 9, 19, 21, 24, 27, 46, 63, 66, 70, 71, and 72) without permission, and possessed 35 guns (No. 9-10, 12, 14-16, 18-27, 29-34, 36-4, 47, and 52).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. A protocol of seizure and a list of seizure;

1. Application of reply-related Acts and subordinate statutes as a result of inspections as to whether guns and guns meet the requirements for guns and guns;

1. Article 70 (1) 2 and Article 70 (1) 12 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., Article 73 subparagraph 1 and Article 11 (1) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., Articles 73 subparagraph 1 and 11 (1) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 59 (1) of the Criminal Act (the punishment to be suspended: Imprisonment with prison labor for four months);

1. The reason for sentencing of Article 48(1) of the Confiscation Criminal Act - The case in which the defendant possessed is “abreging” (the “breging” included in the category of gun parts as prescribed by the laws and regulations of the police officer) but there is no special definition provision, but generally, the term “abreging” refers to a streging part that can perform a basic function under the condition that it can be attached to the body of the gun.

At this time, an error may be corrected in accordance with the location of the visible line, which is marked and indicated on the screen of the illumination, between the signalling point and the signalling point that is marked and indicated, and the difference between the signalling point and the signalling point.

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