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(영문) 창원지방법원 2016.11.23 2016고정861
총포ㆍ도검ㆍ화약류등단속법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000 and by a fine of KRW 500,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to conduct the business of manufacturing explosives shall obtain permission from the competent authorities, and even where a person who has obtained permission for the business of manufacturing explosives intends to change the location, structure, facilities, etc. of a factory, he/she shall obtain permission from

Nevertheless, from February 15, 2016 to February 25, 2016, Defendant A changed the structure, etc. of a factory by performing the basic construction of the floor and the crypt construction at the manufacturing factory room of the B Co., Ltd. located in Kimhae-si F without obtaining permission from the competent authority.

(b) A person who intends to blast or burn powders shall obtain permission to use powders from the chief of a police station having jurisdiction over the place using them; and

Nevertheless, at around 14:00 on August 13, 2013, Defendant A, without the permission of the chief of the competent police station, blasted AM 2 bit (128 bits) at the storage room located in the Yellow Dust Sports Park in Yangsan-si, Yangsan-si.

2. Defendant B Co., Ltd. (hereinafter “Defendant Company”) committed an offense against Defendant A, the representative of Defendant Company, as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendant A’s suspect interrogation protocol prepared by the prosecution on May 31, 2016

1. The police statement of K;

1. Determination as to the defense counsel’s assertion of change of manufacturing facilities of explosives

1. The purport of Article 4(1) of the Act on the Safety Management of Firearms, Knives, Swords, Explosives, Etc. (hereinafter “the Act”) stipulating that permission should be granted for the alteration of the structure, etc. of a factory is to examine whether the alteration of a factory that requires the maintenance of security and safety is appropriate.

However, the Defendants were engaged in basic construction of the floor and food collection construction, etc. (hereinafter “instant construction”) to recover the manufacturing factory damaged by fire in their previous state. As such, the instant construction works are related to the factory.

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