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(영문) 수원지방법원 2017.12.21 2017고정2608
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall manufacture, sell or possess a single-style gun that appears almost similar to a gun.

Nevertheless, on July 30, 2017, the Defendant, at around 15:05, opened and driven a window of his own flap vehicle at the front of Suwon-si, Suwon-si C, and carried a BB B B B B B-type gun operated in the electric dynamic method by inserting the sound flap.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Application of Acts and subordinate statutes to replys as a result of inspections as to guns;

1. Article applicable to the facts constituting an offense, Article 73 subparagraph 1 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., Articles 73 and 11 (1) of the same Act, and selection of fines;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act reflects the Defendant’s wrong recognition and reflects the Defendant’s fault; the circumstances leading to the instant crime; the Defendant’s mother’s rifle in possession fall under the mother’s gun prescribed in the relevant Acts and subordinate statutes; but its performance appears not to reach the mother’s gun; and there is no record of punishment for the same kind of crime, etc.; and the sentence as indicated in the record shall be determined by comprehensively taking account of various circumstances, such as the sentence as ordered.

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