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(영문) 울산지방법원 2019.06.13 2019고단740
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Where any person who does not fall under any of the subparagraphs of Article 10 of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., such as possessing swords in the course of performing his/her duties, intends to possess swords, he/she shall obtain permission therefor from the

Nevertheless, at around 15:30 on February 15, 2019, the Defendant carried a knife by inserting a single knife knife “Yababab,” a single knife, the total length of which is 41.5 cm and 26.5 cm in the knife knife in the knife knife, and carrying a knife without obtaining permission from the chief of the police station, by keeping it in the knife knife knife, the total length of which is 28 cm and 13 cm in the knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. 112 reported case handling table;

1. Application of the photographic Acts and subordinate statutes;

1. Subparagraph 1 of Article 71 and Article 12 (1) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. regarding criminal facts, the selection of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The fact that the reason for sentencing under Article 48(1) of the Criminal Act is recognized, and the fact that there is no criminal record exceeding the fine is favorable to the defendant.

On the other hand, it is an unfavorable circumstance to the defendant that he entered the apartment parking lot with a knife to damage a woman's car in order to avoid giving money to the defendant, and that he has a record of receiving a summary order of KRW 500,000 on the ground that he did not have a knife a woman's car in 2017.

In addition, the punishment shall be determined as ordered in consideration of various sentencing factors, such as the defendant's age, character and conduct, environment, and motive for crime.

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