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(영문) 서울북부지방법원 2019.07.11 2018고단5224
총포ㆍ도검ㆍ화약류등단속법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. A person who is permitted to possess guns, swords, gas sprayers, electroshock weapons, or crossbows in violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. shall not use guns, swords, gas sprayers, electroshock weapons, or crossbows unless they are used for permitted purposes or any justifiable ground exists;

Nevertheless, on September 1, 2018, around 08:15, the Defendant laid off gas sprayers (YSR707) in front of the C main office in Seoul Jung-gu, Seoul, and launched 1 launch of D and its main office on the ground that D and their main offices are in a state of drinking and they are in a state of drinking, and they are in a state of drinking.

2. At the time and place specified in Paragraph 1, the Defendant assaulted the victim’s neck by hand as the victim D (year 24) resisted the Defendant to use the gas sprayers as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Seizure records;

1. A investigation report (CCTV screen closures);

1. Application of gas gun photographs and CD-related Acts and subordinate statutes taken by a police officer in the 112 reported mobilization;

1. Relevant Article on criminal facts, subparagraph 1 of Article 73, Article 17 (2) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., Article 260 (1) of the Criminal Act, and selection of fines for negligence;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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