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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
[Criminal Power] On April 5, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of excavating and concealing a grave in the Gwangju District Court's wooden branch on April 5, 2019, and the judgment became final and conclusive on June 20, 2019.
【Criminal Facts】
1. Around 09:30 on December 3, 2018, the Defendant: (a) the victim C (the aged 62) was standing in the west-ro 313, Youngdong-gun, Youngnam-gun, Youngnam-gun, and the Bi40 vehicle that was parked on the intersection, and (b) the victim C (the aged 62) was in possession of the Defendant, who was preparing for the horses in advance, to the end, and was able to commit an act that could cause harm to the victim.
Accordingly, the defendant carried a gas gun, which is a dangerous object, and threatened the victim.
2. Any person who violates the Act on the Safety Management of Firearms, Swords, Explosives, Etc. shall obtain permission from the head of the competent police station to possess a gas gun;
Nevertheless, the Defendant possessed a gas gun without obtaining permission for possession of the gas gun at the same time and place as the above paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Police seizure records and photographs of seized articles;
1. Investigation report (Attachment of official notices confirming whether or not permission for gas sprayers possessed by a suspect) - Requests for cooperation in investigation (Guns related thereto);
1. Previous convictions: Criminal records, criminal investigation reports (it is necessary to transfer a case), judgment, application of Acts and subordinate statutes, such as search of Supreme Court cases;
1. Relevant Article on criminal facts, Articles 70(1)2 and 12(1) of the former Act on the Safety Management of Firearms, Swords, Explosives, Etc. (Amended by Presidential Decree No. 15766, Sep. 18, 2018); Articles 284 and 283(1) of the Criminal Act; and the choice of imprisonment, respectively;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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. Sentencing Article 48(1)1 of the Criminal Act provides for sentencing.