beta
(영문) 서울서부지방법원 2013.12.05 2013고단2646

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the execution of the above punishment shall be postponed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Around 21:30 on August 25, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), and around 21:30 on the front of Eunpyeong-gu Seoul Metropolitan Government, the F vehicle of the Defendant’s D vehicle and the victim E (30 years of age) are able to take a bath each other with the victim, and the victim was able to take a walk with the victim, and the victim was able to take a gun-type gas gun, which is a dangerous object in his/her vehicle, and caused the injury in the number of treatment days, such as a tearing the victim’s head at a 1cm level.

2. Any person who intends to possess a gas gun in violation of the Control of Firearms, Swords, Explosives, etc. Act shall obtain permission for possession of a gas gun from the chief of the police station having jurisdiction over the domicile

Nevertheless, at around 16:00 on August 24, 2013, the Defendant acquired gun-type gas sprayers (H) at the entrance of Ginyang-gu, Goyang-gu, Goyang-si and possessed it without permission until 23:30 on August 25, 2013.

Accordingly, the defendant possessed a gas gun without obtaining permission from the chief of the police station having jurisdiction over his domicile.

Summary of Evidence

1. Defendant's legal statement;

1. The list of seizure;

1. Seized articles, parts of bodily injury, photographs and photographs;

1. Application of Acts and subordinate statutes to E statements;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of an injury by carrying a deadly weapon), Articles 71 subparagraph 1 and 12 (1) of the Control of Firearms, Swords, Explosives, etc. Act, the choice of imprisonment for each crime;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the reflective point, the agreed point);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;