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(영문) 울산지방법원 2020.02.06 2019고단3836
특수협박등
Text

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. Special intimidation: (a) around 05:20 on September 7, 2019, the Defendant: (b) took a bath at the C points located in Ulsan-gu, Ulsan-gu; and (c) demanded the victim D (the victim aged 22) who was an employee of the place where the scam was scambling to restrain the Defendant; and (d) taken a dangerous gas gun, which is a dangerous object possessed in the scambus, to cut the victim into the gas gas gun; and (e) threatened the victim, such as leaving the gas gun.

Accordingly, the defendant carried a gas gas gun, which is a dangerous object, and threatened the victim.

2. A person who is permitted to possess a gas gun in violation of the Act on the Safety Control of Firearms, Knives, Swords, Explosives, Etc., shall not use the gas gun except for permitted purposes or any other justifiable ground, but the defendant, around September 7, 2019, launched gas sprayers once on the roads front of the chemical, stairs, and main points on the ground that the hours of business do not pass any alcohol at the F main point located in Ulsannam-gu E on September 7, 2019;

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and G;

1. Protocols of seizure and list of seized articles and photographs of the police;

1. Application of Acts and subordinate statutes concerning a photograph of CCTV images and a permit to possess gas sprayers;

1. Article 284 and Article 283 (1) of the Criminal Act concerning the crime; Article 73 subparagraph 1 of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.; Article 17 (2) of the relevant Act concerning the crime / [Selection of imprisonment with prison labor];

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act, even before the defendant had been punished as a special intimidation using gas sprayers, is again going to the crime of this case even though he had the record of punishment. On the other hand, the depth is divided after the crime, the possibility of recidivism has been lowered due to gas sprayers confiscation and permission cancellation, the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, etc.

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