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(영문) 대전지방법원 천안지원 2015.07.23 2014고단1517
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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. A violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) requires the Defendant to enter the hospital to the lien holder of the “E Hospital” located in Asan City D, and around October 29, 201, the Defendant demanded the victim F (30 years of age) who is an employee of security service at the entrance of the above hospital to enter the hospital.

However, as the victim was prevented from having access due to safety because of the internal construction, the gas gun (XT-206), which is a dangerous object in his GNAS car, was charged to the gas gun (XT-206), and the victim said, “I will do so if I want to use the gas gun unless I let the victim enter the gas gun.”

Accordingly, the defendant carried the gas gun, which is a dangerous object, and threatened the victim.

2. A person who is permitted to possess guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows in violation of the Control of Firearms, Swords, Explosives, etc. Act shall not use guns, swords, gas sprayers, electroshock weapons, or crossbows unless permitted purposes or other justifiable grounds exist, the Defendant used the above gas gun (X-206) which is a gun gas gun without justifiable grounds at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each description and image of the investigation report (as to the part accompanying pictures of the victim after the on-site verification), investigation report (as to the gas total confirmation and the part voluntarily produced), investigation report (as to the part accompanying pictures after the on-site verification);

1. Images of CCTV photographs;

1. Videos and voice of video CDs;

1. Application of the existing Acts and subordinate statutes of seized X206-gas sprayers 1 (No. 1);

1. Article 3 (1) and Articles 2 (1) of the Act on the Punishment of Violences, etc. and Selection of Punishment of Crimes;

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