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(영문) 인천지방법원 2019.02.14 2018고단9322
특수협박등
Text

A defendant shall be punished by imprisonment for nine 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

The defendant is the husband of the victim B (son, 67 years of age), and is the father of the victim C (son, 42 years of age).

1. On August 11, 2018, at the house of the defendant in the Michuhol-gu Incheon building E, Michuhol-gu, Incheon, on the ground that the victims of peace were neglected to the defendant, the defendant laid down a gun-type gas gun (the name of the goods: black 2) and gas sprayers, which are dangerous articles owned by the defendant in the Gap-gu, which were dangerous articles owned by the defendant, for the reason that the victims of peace were dissipated, and carried out a brut to the victims, while leaving the gun-type gas gun (the name of the goods: black 2) and gas sprayers and gas sprayers to the victims, and making it hot to the victims.

Accordingly, the defendant carried dangerous articles and threatened victims.

2. No person who violates the Act on the Safety Control of Firearms, Swords, Explosives, Etc. shall use a gas gun unless he/she obtains permission to possess the gas gun for permitted purposes or any justifiable ground exists;

Nevertheless, the Defendant used gun-type gas sprayers, which were permitted to possess with self-credit at the time and place mentioned in paragraph (1), for the purpose of giving them hot water to B and C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seized articles;

1. Article 284, Article 283 (1) of the Criminal Act concerning facts constituting an offense, Article 73 subparagraph 1, and Article 17 (2) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. (the use of guns for other than permitted purposes);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years;

2. Each crime on the basis of the sentencing criteria is not subject to the sentencing criteria, but subject to the sentencing criteria.

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