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(영문) 대전지방법원 홍성지원 2017.07.18 2017고단192
특수협박등
Text

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

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

Reasons

Punishment of the crime

1. On January 17, 2017, at the entrance of the construction site of the D convalescent Hospital located in Masan-si, Sinsan-si, around 08:42, the Defendant: (a) intimidation the victim E by leaving the 2 gas sprayers, which are dangerous things that the victim E would have prepared in advance to prevent the Defendant from exercising the right of retention, into the victim E’s head; (b) threatening the victim E to “be dead, fat off, and fat off”; and (c) again, the victim F, who was next to the intimidation, took the gas sprayers into the victim’s head, and then discarded the death and discarded.

“Intimidating” the term “.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. No person who violates the Act on the Safety Control of Firearms, Explosives, Etc. shall possess a gun without permission from the competent regional Commissioner General of the National Police Agency or the head of a police station having jurisdiction over his

Nevertheless, the Defendant possessed 2 gas sprayers (a total amount: G) in black-type without obtaining permission from the head of the Seocheon District Police Station at the time and place mentioned in paragraph 1.

Accordingly, the defendant possessed a gun without permission from the head of the police station.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and H;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (related to permission to possess gas sprayers);

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) (a) of the Criminal Act regarding facts constituting an offense, the choice of punishment, and the choice of fines, respectively, Articles 70(1)2 and 12(1)3 (a) of the Act on the Safety Control of Firearms, Explosives, Etc.) of the same Act, and the selection of fines;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime without being aware of the fact that it was a criminal offense, even though it was a criminal offense, and committed the instant crime. However, the gas sprayers itself used for the said crime.

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