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(영문) 서울북부지방법원 2012.12.27 2012고단1642

총포ㆍ도검ㆍ화약류등단속법위반등

Text

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. Where any person has discovered or found guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows that are not lost, buried, or properly managed, he/she shall report them to an adjacent national police station within 24 hours;

Nevertheless, on June 5, 2012, the Defendant acquired Japanese drawings (57cc in the blade length) that are swords while performing removal works at a restaurant on the cafeteria in Songpa-gu Seoul Metropolitan City, Songpa-gu, and kept them on his/her own vehicle from that time without reporting to the chief of the competent police station.

2. On June 13, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) requested the victim D to supply and demand the above golf course construction work and pay the remainder of the construction work due to the failure to receive a full payment of the construction work even at a screen golf course operated by the victim D with the victim D, located at the 1st underground floor in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, the victim refused this, and the victim rejected it. However, it was destroyed by breaking off the market-free window by preparing in advance for a dangerous object (i.e., e., g., g., 67cm in total)

3. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 제2항 기재 일시ㆍ장소에서 위와 같은 이유로 화가 나, 미리준비하여 간 흉기인 일본도(칼날길이 57cm)를 칼집에서 뽑아 피해자 D(남, 53세)의 가슴팍에 들이대며 찌를 듯이 위협하여 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. Application of each statute on photographs;

1. Article 73 subparagraph 3 of the relevant Act on the Control of Firearms, Swords, Explosives, etc. Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 283 (1) and 366 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation;