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(영문) 의정부지방법원고양지원 2020.10.28 2020고단2209

특수협박등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a staff member of “C”, who is a stage device manufacturer operated by the victim B.

1. Around August 4, 2020: (a) around 08:39, at the office of "C" located in Yongsan-gu, Yongsan-gu, Yongsan-gu; (b) on the ground that the Defendant gave a warning on the Defendant's work attitude from the victim; (c) took a dangerous object, which was kept in the Defendant's residence, into the above office, with Japanese style map ( approximately 93cm in total length, approximately 60cm in length); (d) returned to the above office; (e) the Defendant knife the above knife with the victim, knife the above knife, and knife the victim as close to the victim; and (e) the victim seems to have knife about five minutes, such as knife the victim who tried to stop the Defendant.

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

2. Where anyone who violates the Act on the Safety Management of Firearms, Swords, Explosives, Etc. intends to possess swords, other than those prescribed by relevant statutes, he/she shall obtain permission from the chief of a police station having jurisdiction over his/her domicile

Nevertheless, the Defendant, without obtaining permission from the chief of the competent police station having jurisdiction over his domicile from around 2010 to August 4, 2020, possessed Japanese style map ( approximately 60cm in length), which is a swords, in the way of keeping the Defendant’s residence in the Goyang-gu E building F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on the victim;

1. To enter the records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal accidents (verification as to whether a person is permitted to possess a swords, and leakage of CCTV images at the site);

1. Relevant Article of the Criminal Act; Articles 284 and 283 (1) of the Criminal Act; Articles 71 subparagraph 1 and 12 (1) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.; the choice of imprisonment for a crime;

1. Article 37 of the Criminal Code among concurrent crimes.