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(영문) 수원지방법원 안산지원 2019.09.27 2019고정266

특수폭행등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to possess electronic percussion locks shall obtain permission from the chief of a police station having jurisdiction over his/her domicile.

Nevertheless, the Defendant possessed one electronic percussion locks (2013-Berx) without obtaining permission from the chief of police station having jurisdiction over his/her domicile from around 2016 to November 1, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Second police interrogation protocol against the accused;

1. Records of seizure and the list of seizure;

1. Investigation report (the response to the request for inspection of electronic percussion locks);

1. Inquiries and replies to the B Association;

1. Responses to the results of inspections as to whether electronic percussion locks are;

1. Results of inspection on whether electronic percussion locks are applicable;

1. Status of individual entry or departure;

1. Application of the Acts and subordinate statutes to a photograph related to the photographic and permitted inquiry list of modification of the list;

1. Article 71 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. regarding criminal facts, and Articles 71 subparagraph 1 and 12 (1) 3 of the Act on the Safety Control of Firearms, Swords, Explosives,

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On August 21, 2018, the Defendant: (a) around 23:00 on August 21, 2018, at the residence of the Defendant and the victim E, the Defendant: (b) in the dispute with the victim, the victim satisfing the face of the Defendant by hand; and (c) in the dispute with the victim, the victim satisfings the face of the Defendant; and (d) the victim satisfing “ddddddddddddddddddddddddddddddd

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Determination

A. "A person who commits a crime under Article 260 (1) by carrying dangerous articles" under Article 261 of the Criminal Act concerning a crime of special assault is "a person who commits a crime under Article 260 (1) by carrying dangerous articles" and "a person who intends to use them at the scene of the crime" refers to the case where he carries dangerous articles or carries them with his body, which is dangerous articles here.