폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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.
Punishment of the crime
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 other justifiable ground exists.
Nevertheless, at around 18:50 on April 5, 2015, the Defendant used gas sprayers (title: 7) in advance, which are dangerous objects that were in possession on the ground that the Defendant did not go to death even after leaving D Co., Ltd. located in Gyeyang-si C late at the rest of security guards before the rest of security guards, and used them for the purpose other than the permitted purpose without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of the victim;
1. Seizure records;
1. Application of seized articles and permission for possession, photographs, faces of victims, and Acts and subordinate statutes concerning site photographs;
1. Relevant Article on criminal facts, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 269 of the Criminal Act, Article 73 subparagraph 1 of the Control of Firearms, Swords, Explosives, etc. Act, Article 17 (2) of the Act on the Control of Firearms, Swords, Explosives, Etc., 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is the act of assaulting the victim multiple times, unlike the purpose for which the defendant obtained permission for gas sprayers, which is a dangerous object, and the nature of the crime is heavy.
However, the punishment shall be determined as ordered by taking into account all the circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., in which the defendant is against the defendant, and the victim does not want the punishment of the defendant by mutual consent with the victim.