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 White paper on crime 2002 Part 1/Chap.1/Sec.8/2 

2 Disposition by public prosecutors offices and courts on Firearms and Swords Control Law violations

   Fig. 1-1-8-4 shows the trends in the percent distribution of dispositions of persons finally disposed by public prosecutors offices over the 10 years from 1992 to 2001 for Firearms and Swords Control Law violations. Suspension of prosecution and other non-prosecution together accounted for about 30% or over but below 40% of the total number of dispositions.
   Fig. 1-1-8-5 shows the term of imprisonment with labor sentenced in ordinary first instances over the last decade for Firearms and Swords Control Law violations. A majority of the convicts have been sentenced to imprisonment with labor for 3 years or more since 1994 when partial amendments to the Firearms and Swords Control Law in 1993 and 1995 substantially augmented statutory penalties for offenses involving handguns, etc, and in particular, the number of persons sentenced to imprisonment with labor for more than 5 years has increased each year, almost to about 20% of the total in 2001.

Fig. 1-1-8-4 Trends in the percent distribution of dispositions of persons finally disposed by public prosecutors offices for Firearms and Swords Control Law violations (1992-2001)

Fig. 1-1-8-5 Term of imprisonment with labor sentenced in ordinary first instances for Firearms and Swords Control Law violations (1992-2001)

  The data obtained from the Criminal Affairs Bureau of the Ministry of Justice shows the term of imprisonment sentenced in ordinary first instances in 2001 for Firearms and Swords Control Law violations involving handguns, etc. (handguns, rifles, machine guns and cannons; hereinafter the same), live ammunition for handguns, and handgun parts. A total of 113 persons were sentenced to imprisonment with labor (including 31 persons who were granted a suspended sentence). By incident type, 56 persons were convicted for "possession of a handgun and live ammunition" (including 50 persons convicted for "aggravated possession") and 17 persons for "simple possession of a handgun". BY imprisonment term, 43.4% of the convicts were sentenced to 3 years or more but less than 5 years, followed by 33.6% to 1 year or more but less than 3 years, 15.0% to 5 years or more but less than 7 years, 7.1% to 7 years or more but less than 10 years, and 0.9% to more than 10 years.
  In 2001, 11 persons had their punishment reduced due to submitting a handgun, etc. and surrendering themselves voluntarily to the police. 80 persons submitted a handgun, etc. and surrendered themselves to the police and were granted suspension of prosecution in 2001, 38 persons (47.5%) among them were organized crime group members, and 42 persons (52.5%) were persons other than organized crime group members.