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(영문) 서울중앙지방법원 2013.03.22 2012고단7269

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

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. Around April 16, 2012, the Defendant threatened the victim E (the 52 years of age), the victim F (the 47 years of age)’s “G” office located on the second floor of the DD building in Gangnam-gu Seoul, with a view to taking advantage of the victim E’s sale of land and the delivery of a certificate of personal seal impression for sale for resale, and peting, the Defendant’s violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) threatening the victims by taking out swords (the knive length of 68cc) that are dangerous things in the custody of swords in advance and driving them.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. On February 15, 2012, the Defendant violated the Control of Firearms, Swords, Explosives, etc. Act: (a) was a person who was permitted to possess Korean shipbuilding swords by the chief of the Modive Police Station for training; and (b) a person who was permitted to possess guns, swords, etc., was prohibited from using the said guns, swords, etc., unless the permitted purpose or any other justifiable reason exists; (c) threatening the said F, etc. with the said swords at the same time and at the same place as the preceding paragraph.

As a result, the defendant used swords for the purpose other than the permitted use without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning the F's statement concerning the suspect interrogation protocol against the defendant

1. Statement of the police statement of E;

1. The police seizure record and the list of seizure;

1. A detailed statement on handling 112 reported cases;

1. Guns' permission;

1. Application of the Acts and subordinate statutes governing swords photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The possession of a deadly weapon: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act;

(b) The occupation of using swords for other than permitted purposes: Subparagraph 1 of Article 73 or Article 17 (2) of the Control of Firearms, Swords, Explosives, etc. Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;