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(영문) 수원지방법원 성남지원 2013.08.30 2013고단1225
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:13 on May 18, 2013, the Defendant: (a) threatened the victim with a gas gun (product name tag) that is a dangerous object in the FFF vehicle of the Defendant in the course of the dispute with the victim while leaving the gas gun (product name tag) that was the dangerous object in the Defendant’s FFFF vehicle in the vehicle, and then launched one time into the public in the course of leaving the gas gun (product name tag) into the victim’s part; and (b) threatened the victim with the electric shock machine (product name J-911), which is a dangerous object, in the course of the dispute with the victim.

2. The Defendant violated the Control of Firearms, Swords, Swords, Explosives, etc. Act: (a) used guns and electronic percussion locks for which permission was obtained by threatening the victim with gas guns and electronic percussion locks at the above time and place;

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or accused;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to seized articles and field photographs;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Acts of Violence, etc. against Criminal Facts, Article 283 (1) of the Criminal Act, Article 73 (1) 1 and Article 17 (2) of the Control of Firearms, Swords, Explosives, Etc. Act (the use of firearms for any purpose other than permitted purposes, the choice of imprisonment), Article 73 (1) and Article 17 (2) of the Control of Firearms, Swords, Explosives, etc. Act (the use of electronic percussion locks for any purpose other than permitted purposes, 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. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Although the nature of the crime of this case, which threatened the victim to gas guns and electronic shock machines, which are dangerous objects by the defendant for the reason of sentencing under Article 48(1)1 of the Criminal Act, is not weak, the defendant is at the time of committing the crime, and is divided.

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