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(영문) 대구지방법원 서부지원 2013.10.08 2013고단1035

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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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. On July 13, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) (collective intimidation) (collectively, deadly weapons, etc.) posted a threat to the victim on the roads in front of C, operated by the Defendant in Seo-gu, Daegu, Daegu, on the ground that the victim D (V, 55 years old) who was in an internal relationship with the Defendant does not get out of the Defendant’s car, following the Defendant’s female problem, and on the ground that he does not get out of the Defendant’s car.

2. On August 22, 2003, the Defendant violated the Control of Firearms, Swords, Explosives, etc. Act was permitted to possess the said gas sprayers as a self-defense credit at the Daegu Police Station.

A person who is permitted to possess guns, swords, gas sprayers, electroshock weapons, or crossbows shall not use guns, swords, gas sprayers, electroshock weapons, or crossbows unless they are used for permitted purposes or any justifiable ground exists.

Nevertheless, the Defendant launched the gas sprayers out of a passenger car in the date, time, and place specified in Paragraph 1, if the D continued to leave the car.

Accordingly, the defendant used gas sprayers for other than permitted purposes without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the police interrogation protocol of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigative reports (in relation to the attachment of suspect firearms and permitted information, gas sprayers photographs);

1. Relevant Article on criminal facts, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 73 subparagraph 1 of the Control of Firearms, Swords, Explosives, etc. Act, Article 17 (2) of the Control of Firearms, Swords, Explosives, etc. Act, and Selection of Imprisonment);

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

1. Discretionary mitigation Criminal Act;