A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Criminal facts

1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행) 피고인은 2014. 1. 5. 00:38경 전주시 덕진구 C에 있는 D 앞 노상에서 피해자 E이 망치를 손에 들고 "당신 세상을 그렇게 살고 싶냐"고 말하며 다가오자 피해자에게 “이 씨발, 총 갖고 왔어, 쏴불라고”라고 말하였으나 피해자가 계속하여 다가오자 미리 소지하고 있던 위험한 물건인 가스 분사기를 꺼내 피해자를 향해 4발 발사(공포탄 3발, 실탄 1발)하였다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Any person who violates the Control of Firearms, Swords, Explosives, etc. Act shall, when he intends to possess a gas gun, obtain permission from the chief of the police station having jurisdiction over his domicile

Nevertheless, on December 31, 2013, the Defendant, without the permission of the chief of the competent police station, received a gas gun from H from G office located in J in Seojin-gu Seoul Special Metropolitan City F, Seojin-gu, and possessed the gas gun from that time to January 5, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the accused, E, and H by the prosecution;

1. Protocol of seizure, list and evidential materials attached thereto of the police;

1. A criminal investigation report and evidential materials attached thereto;

1. A detailed personal identification statement;

1. Application of Acts and subordinate statutes to damaged photographs and gas sprayers photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous things), Article 71 subparagraph 1 of the Control of Firearms, Swords, Explosives, Etc. Act, and Articles 12 (1) (the occupation of carrying an unauthorized gas gun and the choice of imprisonment);

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

1. The fact that Article 62(1) of the Criminal Act of the suspended execution reflects in depth the Defendant’s mistake while making a confession of the instant crime, and there are some circumstances to consider the circumstances leading to the instant crime.