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A defendant shall be punished by imprisonment for six 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. At around 13:00 on September 11, 2016, the Defendant, while under the influence of alcohol, putting Boddd 2 gas sprayers, which are dangerous articles, in his/her hand, in front of the Busan Dong-gu, Busan, without any justifiable reason, and obstructed the said gas sprayers from the car on which the injured party C (V, 43 years old), and obstructed the said vehicle. The Defendant: (a) opened the doors on the window of the driver’s seat to the victim in the state of dancing; (b) made the said gas sprayers in the state of dancing; and (c) as a consequence, threatened the injured party, such as the front paner and the stringer of the said vehicle.
Accordingly, the defendant carried dangerous objects and threatened the victim.
2. In cases of possessing guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows in violation of the Act on the Safety Control of Firearms, etc., permission from the chief of a police station having jurisdiction over his/her domicile shall be obtained in cases of swords, explosives, gas sprayers, electroshock weapons, or crossbows, as prescribed by Ordinance of the Ministry
Nevertheless, the Defendant possessed one gas sprayers without obtaining permission from the chief of the competent police station at the time and place mentioned in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Seizure records;
1. Colors and gun strings by cutting down a list of permitted inquiry meetings;
1. Application of the Acts and subordinate statutes governing gas sprayers;
1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, Article 71 subparagraph 1 of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., and the choice of imprisonment, respectively, with prison labor;
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. Probation and community service order under Article 62-2 of the Criminal Act;
1. Taking into account the fact that the confiscation does not have the same kind of force for the reason of sentencing under Article 48(1)1 of the Criminal Act and that no physical damage has occurred;