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.

Punishment of the crime

1. 특수협박 피고인은 2020. 6. 26. 10:00경 밀양시 B, C병원 주차장에서 피해자 D(남, 38세)가 공회전을 계속한다는 이유로 시비하던 중 격분하여 피해자에게 “야 이 새끼야 죽을래, 대가리 총 쏴 죽인다.”라고 말하며 피고인 차량 조수석에서 위험한 물건인 가스분사기를 가져와 가스분사기로 피해자에게 위해를 가할 것처럼 행동하였다.

Accordingly, the defendant threatened the victim by using dangerous things.

2. A person who has obtained permission to possess guns, swords, gas sprayers, electroshock weapons, or crossbows in violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. shall not use such guns, swords, gas sprayers, electroshock weapons, or crossbows unless they are used for permitted purposes or any justifiable ground exists.

Nevertheless, the Defendant used a gun-type gas gun (title: tower - gas sprayers, manufacturing number E) that the Defendant obtained permission to possess with self-credit at the time and place mentioned in paragraph (1) to threaten the victim, as described in paragraph (1).

Accordingly, the Defendant used gas sprayers for the permitted purpose or without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to reports on occurrence, internal investigation reports, and investigation reports (including accompanying materials);

1. Article 284 and Article 283 (1) of the Criminal Act concerning the crime, Article 73 subparagraph 1 of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., and Articles 17 (2) of the same Act concerning the crime;

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 (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Code, the age, character, conduct, occupation and environment of the defendant, criminal records, motive, circumstance, method and result of the crime.