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(영문) 서울중앙지방법원 2015.09.11 2015고단3795
총포ㆍ도검ㆍ화약류등단속법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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. No person, other than a person permitted to possess swords by the commissioner of the competent district police agency, shall possess swords in violation of the Control of Firearms, Swords, Explosives, etc. Act;

Nevertheless, on May 28, 2015, the Defendant acquired swords (23 cm in total length, 12 cm in total length) that clearly pose the risk of being used as lethal weapons from D at the Defendant’s residence located in Gyeyang-gu, Hongyang-gu, 2012, and possessed the said swords from around that time until May 28, 2015, as described in paragraph (2).

Accordingly, the defendant possessed swords without permission from the commissioner of the competent district police agency.

2. Around 14:40 on May 28, 2015, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) caused the Victim G to walk on the “F cafeteria” road located in Jongno-gu Seoul, Jongno-gu, Seoul; on the ground that the Victim G was fluor, the Defendant stopped the H Poter freight vehicle at the time, and used the fluor influor influor influor, so that the Defendant was in possession of the deadly weapons (23 cm in length, 12 cm in length), which he was in possession of influort space in the flat mountain, and caused the Defendant to have a knife with the back qui part on the left side of the said vehicle once with knife, and continuously sought one knife part on the right side of the said vehicle.

Accordingly, the defendant carried a deadly weapon or other dangerous object and damaged another's property.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (20 pages, 21, 24, 64 pages, 70 pages of evidentiary records);

1. Relevant Article on criminal facts, subparagraph 1 of Article 71, Article 12(1) of the Control of Firearms, Swords, Explosives, etc. Act (the possession of swords without permission and the choice of imprisonment), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and carrying dangerous articles under Article 366 of the Criminal Act;

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