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 April 18, 2016, the Defendant: (b) at the same parking lot of 18, Kimhae-si building B around 21:00, there was a dispute between the victim C (29 years of age) and the parking problem; and (c) the Defendant’s house located in the above B building No. 18 and 204, who was killed and discarded in the victim’s house.
p. Ep. Ep. Ep. Ep.
"라고 말하며 위험한 물건인 가스 분사기를 오른손에 쥔 후 창문을 열고 위 주차장에 있던 피해자를 향해 겨누고 2 발을 발사하였다.
Accordingly, the defendant carried dangerous objects and threatened the victim.
2. The Defendant violated the Act on the Safety Control of Firearms, Knives, Swords, Explosives, Etc.: (a) possessed the foregoing Defendant’s house, without obtaining a permit from the head of the competent police station, after cutting off the gas sprayers (D) from a seat around 2010; and (b) possessed it on April 18, 2016, without obtaining a permit from the head of the competent police station.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A protocol of seizure and a list of seizure;
1. Reports on internal investigation and reports on investigation;
1. Application of Acts and subordinate statutes governing gun rent;
1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (a) of the Criminal Act regarding criminal facts; Article 71 Subparag. 1 and 12(1)3 (a) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc.) of the same Act concerning the selection of punishment; and the selection of imprisonment for a prison labor;
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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant not only possessed gas sprayers for a long time without permission, but also emitted gas sprayers without participating in the scambling of dispute with the victim: Provided, That the execution of the sentence shall be suspended considering the fact that the defendant was not guilty of a fine exceeding the fine, and that the victim was not wanting the punishment against the defendant;
(b)the age, sex, family environment, motive and circumstances of the offence, and the means of the offence.