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(영문) 부산지방법원 2013.12.05 2013고단6341

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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

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

Reasons

Punishment of the crime

1. When any person who violates the Control of Firearms, Swords, Explosives, etc. Act intends to possess any electronic percussion locks, he shall obtain the permission of the chief of the police station having jurisdiction

On February 2, 2013, the Defendant purchased and possessed electronic percussion locks through the Internet site without obtaining permission from the chief of the competent police station.

2. On September 6, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) was deadly ill as a matter of course with the victim D (age 32) and the vehicle run on the underground map of the scenic seat located in the Gangseo-gu Busan Metropolitan City, Gangseo-gu.

The Defendant, while carrying out a dispute with the victim with electronic percussion lock, which is an object dangerous by getting off the above underground tea, was threatened with the victim. The Defendant threatened the victim with the said electronic percussion lock, which was turned on by the victim’s chest, with the victim’s chest, and threatened him.

Summary of Evidence

1. The defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. for Crimes, Article 2 (1) 1 of the same Act, Article 283 (1) of the Criminal Act, Article 71 subparagraph 1 of the Control of Firearms, Swords, Explosives, Etc. Act and Articles 12 (1) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (The circumstances and beginning crimes, as well as circumstances leading to the crimes in this case);