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(영문) 대전지방법원 홍성지원 2016.02.19 2015고단1242
총포ㆍ도검ㆍ화약류등단속법위반등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Special intimidation: (a) on October 3, 2015, the Defendant was in custody of the victim F (57 years old) at the front side of the E office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on the 10:28th day of October 3, 2015, and was in custody of the victim’s cream on three occasions with his/her hand, while paying trial expenses with respect to ex post facto relationship with the victim F (57 years old).

50m a single mm air gun (Manufacture number: G) with a total house in custody, and with a view to the victim, the death will be discarded.

“......”

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. Where any person who violates the Control of Firearms, Knives, swords, explosives, etc. intends to possess the shot gun, gas emission gun, air gun, anesthesia, industrial gun, rescue and life gun, or parts thereof among guns, he/she shall obtain permission from the head of the competent police station;

Nevertheless, the defendant, at the time and place mentioned in paragraph 1, brought the same single air gun without obtaining permission from the head of the competent police station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes governing gun rent;

1. Article 70(1)2 and Article 12(1) of the former Control of Firearms, Swords, Explosives, etc. Act (amended by Act No. 12960, Jan. 6, 2015) (amended by Act No. 12960, Jan. 6, 2015) on criminal facts; Articles 284 and 283(1) of the Criminal Act (special intimidation and choice of imprisonment)

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] The scope of sentencing under Article 48(1)1 of the Confiscation Criminal Act shall be limited to the lower limit of the right high-ranking punishment, on the grounds that the violation of the Control of Firearms, Swords, Explosives, etc. Act is not an offense subject to the sentencing criteria, and only the lower limit of the right high-ranking punishment is applicable.

[Decision of Sentence] 8 months, and ..

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