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(영문) 서울중앙지방법원 2019.06.11 2019고정1058
특수협박등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Around 16:00 on February 23, 2019, the Defendant laid off a gun type gas gun in front of the victims and the city guard in the name of the participants in the Pacific Assembly who was driven at the same lane on the three-lanes of Jongno-gu Seoul Metropolitan Government. On February 23, 2019, the Defendant left the gun type gas gun in front, which was driven by the victims and the city guard.

Accordingly, the defendant threatened victims by using dangerous articles.

2. No person who is permitted to possess a gas gun in violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. shall use the gas gun unless the permitted purpose of use or any justifiable ground exists;

Nevertheless, the defendant, at the time and place mentioned in Paragraph 1, used a gun type gas gun that the defendant obtained permission to possess with self-defense credit, as described in Paragraph 1, by cutting it out with a shot hand in order to threaten those who have no name.

Accordingly, the defendant used a gas gun beyond the permitted use without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes governing gas sprayers photographs;

1. Relevant legal provisions for facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act that prescribes the option of punishment, and Articles 73 subparag. 1 and 17(2) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (a use of gas sprayers without justifiable grounds other than permitted purposes), and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) under Article 334(1) of the Provisional Payment Order is that although the Defendant did not shoot a gas gun, the form of the gas gun seems not to be somewhat weak for the victims to have shotd, and that the Defendant resisted the organizer to take the time for the demonstration.

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