2012 Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc., injured person),

Violation of the Control of Firearms, Swords, Explosives, etc. Act

A person shall be appointed.

Kim Jong-hee (Lawsuits) and Woo-hee (Trial)

A person shall be appointed.

January 16, 2013

A defendant shall be punished by imprisonment for two years.

Criminal facts

1. A person who has obtained permission to possess guns, swords, gas sprayers, electroshock weapons, or crossbows in violation of the Control of Firearms, Swords, Explosives, etc. Act shall not use such guns, swords, gas sprayers, electroshock weapons, or crossbows unless permitted purposes or other justifiable grounds exist;

Nevertheless, on September 11, 2012: at around 50, the Defendant sent the Defendant’s work to a senior exhibition at around 2010, at the place of the Sgallon conference held in Busan Dong-dong, Dong-dong, Busan, on the ground that he was found to have been a maternity, and used for a different purpose from the permitted purpose without justifiable grounds by taking the iron gas sprayers (number D) in which the Defendant had been present, but was doing so, as he was frying to the social group E of the above event, and was present at the next time, for the reason that he was found to have been a maternity.

2. Violation of the Punishment of Violences, etc. Act (a group; an injury with a deadly weapon);

The Defendant launched gas sprayers to the victim F (the remaining, 57 years old) at the time and place specified in paragraph (1) as above, and subsequently, caused the victim's entrance part to gas sprayers, which are continuously dangerous objects, and caused approximately 10 days of treatment to the victim, and caused the victim's injury and injury to the mouth.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Records of seizure (on-site) and the list of seizure;

1. A written diagnosis of injury;

1. Investigation report ( CCTV, etc.);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 73 subparag. 1 and 17(2) of the Control of Firearms, Swords, Explosives, etc. Act (Optional to Imprisonment), Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Confiscation;

1. The scope of recommended sentences according to the sentencing guidelines under Article 48 (1) 1 of the Criminal Act;

Special Injury Reduction Area (Minor Bodily Injury): Imprisonment from one year and six months to two years.

Compliance with the lower limit)

2. A person who has been subject to the same fine not less than three times within five years from the suspension of execution and who has no serious reflect on it: He/she does not choose the suspension of execution.

2. Determination of sentence;

The two-year imprisonment with prison labor: (a) according to the evidence of the judgment that the court adopted through legitimate evidence examination, despite the fact that there was sufficient proof of the facts charged by the accused, the accused does not seem to be able to fully reflect the facts charged by the accused; (b) If the President of the Korean Senior Busan Regional Council, who attended the instant case in the court, demands a statement from the chairman of the Busan Regional Council, is one of its senior members, and thus, the accused is subject to apology to the chief member and will not avoid any disturbance in the future, even though he/she stated that he/she is not the victim, he/she still continues to criticize all the chief members and make every effort to recover from damage. There is a history of punishment of fines for the same kind of crime even in the past.

However, since the Defendant’s old age and strongness seems to have contributed to the occurrence of the instant crime, it should be taken into account. Other factors such as the Defendant’s age, character and behavior, health status, home environment, motive, means, consequence, etc., the Defendant’s punishment for the instant crime is to be determined in line with the order, taking into account all of the various sentencing conditions indicated in the record of the instant case, such as the circumstances after the instant crime.

Judges Kim Tae-ok