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(영문) 전주지방법원 2017.09.26 2017고단1515
총포ㆍ도검ㆍ화약류등단속법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Where any person intends to possess a gun in violation of the Control of Firearms, Explosives, etc. Act, he/she shall obtain permission from the head of a police station having jurisdiction over the domicile;

Nevertheless, on January 14, 2017, the Defendant, without obtaining permission from the head of the Seoul Police Station, carried out one air gun 509 air gun (5.5m, single carbon type, manufacturing number omitted) and one carbon with no permission on the roads in front of the North Jeju-gun on January 14, 2017.

2. Those who intend to hunted game animals in a hunting ground in violation of the Protection and Management of Wild Fauna and Flora Act shall obtain a hunting license from the competent authority;

Nevertheless, on the road specified in paragraph (1), which is a hunting ground on January 14, 2017, the defendant was driven by the defendant at the time without obtaining a hunting license from the head of the complete army, on January 14, 2017.

D D D Poter truck driver's seat and was in possession of discovering original lurgs which are floating on the above road's side volcanocheon

The air guns listed in paragraph 1 launch one ball cartridges.

As a result, the defendant hunted game animals without obtaining a hunting license in the hunting ground.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records, internal investigation reports (such as the situation of dispatch to the scene and the details of seizure), investigation reports (scriptive delivery), investigation reports (scriptive delivery and applicable statutes);

1. Application of Acts and subordinate statutes to photographs, such as seized air guns and ball cartridges;

1. The pertinent legal provisions on criminal facts and the Act on the Safety Control of Inspection of Explosives, Etc. were amended as seen above by the Control of Firearms, etc.

However, there is no difference between this section and statutory penalty.

Articles 70(1)2 and 12(1)2 (a) of the Act, Article 69(1)14 and 44(1) of the Act on the Protection and Management of Wild Fauna and Flora (a point of possession of an unauthorized gun), imprisonment with labor

1.Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act [the heavier guns shall also be subject to inspection of powders, for which punishment is more severe.]

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