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(영문) 의정부지방법원 2017.04.13 2016고단5188
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 20, 2013, the Defendant obtained permission to possess gas sprayers(Manufacture No. 1300044) as a defensive credit for the captain of the Namyang Police Station No. 130004.

1. On October 15, 2016, the Defendant violated the Act on the Safety Control of Firearms, Knives, Swords, Explosives, Etc. and the Special Intimidation: (a) ordered a DNA restaurant located in Asan-si C around 17:50 on October 15, 2016; and (b) ordered an additional alcoholic beverage, but, on the ground that the victim E (the victim e.g., e.) was not aware of this beverage; (c) used a gas gun that was generated in the shape of a gun that was in the shape of a dangerous article on the right side.

쏴 죽여 버리겠다.

The victim threatened the victim as if he were fire.

Accordingly, the defendant carried dangerous objects and threatened the victim, and used a gas gun for any purpose other than the self-credit, which is the permitted purpose.

2. The Defendant interfered with the business of the victim by force, such as cutting gas sprayers at the above time and at the above time and at the above place, driving a string as if gas sprayers were fireed, leaving three customers, who had been on meals, left a cafeteria, thereby obstructing the victim’s normal restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Evidence of seizure records and evidence of seizure;

1. Viewing in guns;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant provisions of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., Articles 73 subparag. 1, 17(2) (the use of gas sprayers), 284, 283(1) (the use of special intimidation) of the Criminal Act, Article 314(1) of the Criminal Act, and selection of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. According to the evidence duly adopted and investigated by the court, the judgment on the Defendant’s mental and physical disability claim under Article 62-2 of the Criminal Act on the observation of protection and observation is recognized that the Defendant had drank alcohol at the time of committing the crime.

However, each of the above.

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