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(영문) 수원지방법원 여주지원 2018.09.18 2018고단765

총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반등

Text

A defendant shall be punished by imprisonment for six 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. Special intimidation Defendant is the husband of the Victim C (V, 37 years old) and is the father of the Victim D (V, 13 years old).

On August 6, 2018, the Defendant was married to the Defendant’s residence in E, 108 Dong 504 around E, 21:00 on August 6, 2018, on the ground that the victims were late able to return home.

B. Although the victims did not respond to it, the air gun (GOLDE SVVER-7000, old 5.5mm) which is a dangerous object that the victims did not keep in the beerca, was emitted once by entering the living room and going back to the beeral side without spreading the beeral, and continued to return to the said air gun and return to the house, “Crop, kb kb b b kb kb b kb kb.”

Accordingly, the defendant carried dangerous articles and threatened victims, respectively.

2. Where any person who violates the Act on the Safety Control of Firearms, Swords, Explosives, Etc. intends to possess a gun among guns, he/she shall obtain permission from the head of the police station having jurisdiction over the domicile of the gun;

Nevertheless, the defendant did not obtain permission from the head of the Leecheon Police Station having jurisdiction over the domicile of the defendant at the time and place mentioned in the above 1. Paragraph 1., and possessed a total of 1, 2, and 456 of the air described in the above 1. Paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. C Complaints;

1. Each statement protocol with respect to C;

1. A protocol of seizure and a list of seizure;

1. Application of investigation report (verification as to whether the person under investigation permits his/her own firearms) Acts and subordinate statutes;

1. Article 284, Article 283 (1) of the Criminal Act (Special Intimidation), Article 70 (1) 2, and Article 12 (1) 2 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. concerning facts constituting an offense (Possession of a gun without permission);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment specified for a crime against D with heavy crimes of special intimidation)

1. Selection of imprisonment with prison labor chosen;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Punishments) of the Criminal Act aggravated for concurrent crimes shall be added.