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 White paper on crime 2003 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 for Firearms and Swords Control Law violations by public prosecutors offices over the last 10 years.
   Fig. 1-1-8-5 shows the term of imprisonment with labor sentenced in the ordinary first instance for Firearms and Swords Control Law violations over the last 10 years. As partial amendments were made to the Firearms and Swords Control Law in 1993 and 1995 to tighten regulations concerning offenses involving handguns and other firearms and to substantially augment statutory penalties for such offenses, about half of the convicts have been sentenced to imprisonment with labor for 3 years or more since 1994 and the number of those sentenced to imprisonment with labor for more than 5 years has increased.
  The data obtained from the Criminal Affairs Bureau of the Ministry of Justice shows the term of imprisonment sentenced in the ordinary first instance in 2002 for Firearms and Swords Control Law violations involving handguns (violations of the Firearms and Swords Control Law and the Ordnance Manufacturing Law with regard to handguns, live ammunition for handguns, and handgun parts). A total of 116 persons were sentenced to imprisonment with labor (including 23 persons who were granted a suspended sentence). By term of imprisonment, 11 convicts were sentenced to 7 years or more but less than 10 years, 12 convicts to 5 years or more but less than 7 years, 60 convicts to 3 years or more but less than 5 years, 32 convicts to 1 year or more but less than 3 years, and 1 convict to less than 1 year. By type of incident, 83 -persons were convicted for "possession of handguns and live ammunition" (including 79 persons convicted for aggravated possession ) and 14 persons for "simple possession of handguns".
  In 2002, 11 persons' punishments were reduced due to submitting handguns and surrendering themselves voluntarily to the police. Among them, 10 persons were related to organized crime groups (regular members or quasi-members of a group which might commit illegal violent acts habitually or as a group). In 2002, 53 persons were granted suspension of prosecution due to submitting handguns and surrendering themselves to the police; among them, 22 persons were organized crime group members and 31 persons were persons other than those group members (Source: Data by Criminal Affairs Bureau, Ministry of Justice).

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 (1993-2002)

Fig. 1-1-8-5 Term of imprisonment with labor sentenced in the ordinary first instance for Firearms and Swords Control Law violations (1993-2002)


Explanation of terms
Aggravated possession: A person who carries, transfers, or stores handguns, etc. (handguns, rifles, machine guns, and cannons) with applicable live ammunition, etc. shall be punished for aggravated possession with a heavier punishment than simple possession.