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(영문) 서울중앙지방법원 2018.06.19 2018고정1174
특수협박등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around December 22, 2017, on the grounds that the Defendant returned to this route the victim B (the age of 49) who is a substitute driver on the Olympic road, Gangnam-gu, Seoul, Gangnam-gu, Seoul, on December 22, 2017, the Defendant: (a) opened and launched a gas gun (the permitted number C, the model name X-206) which is a dangerous object; and (b) threatened the victim by launching it several times.

2. A person who is permitted to possess guns, swords, gas sprayers, electronic shock machines, or crossbows in violation of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. shall not use such guns, swords, gas sprayers, electronic shock machines, or crossbows unless the permitted purpose is used or any justifiable ground exists;

Nevertheless, the Defendant used the gas sprayers specified in Paragraph 1, which were permitted with self-credit, for the purpose of threatening B as described in Paragraph 1, in violation of its purpose, at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. B written statements;

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

1. On-site reports on results of field identification and replies of the results of inspection as to whether gas sprayers are conducted;

1. Application of Acts and subordinate statutes to report internal investigation (limited to suspect's permission to possess gas sprayers);

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act regarding criminal facts, Articles 73 subparag. 1 and 17(2) (a) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc.), and selection of fines for negligence;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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