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(영문) 창원지방법원 진주지원 2013.05.14 2013고단404
총포ㆍ도검ㆍ화약류등단속법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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. The Defendant violated the Control of Firearms, Swords, Swords, Explosives, etc. Act, on October 2012, 201, carried swords (17cm in length) purchased on the street store located in Jinju-si, without obtaining permission from the chief of the police station having jurisdiction over his/her domicile, and carried swords without obtaining permission from the head of the police station having jurisdiction over his/her domicile from the time of the purchase to January 25, 2013 by fixing the knife to the leather, and displaying the knife inside the knife.

2. Around January 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) carried the above swords, which are dangerous objects, such as showing the victim’s swords purchased and carried them, and assaulted the victim by carrying them on one hand on the ground that the victim E (the age of 18) who met through “D” (the same-sex) was able to be prevented at the same-sex toilets at the Jongno-gu Seoul Jongno branch toilet, Jongno-gu, Seoul, for the reason that he was able to prevent the same-sexed.

3. On January 25, 2013, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.): (a) around 04:10 on January 25, 2013, on the grounds that the victim E (18 years of age) attempted to go up between one-way G and the Defendant at the front side of Jongno-gu Seoul, Jongno-gu, Seoul, on the ground that the victim E (18 years of age) would go up; (b) he saw the victim’s bat away from the floor by cutting down the bat of the victim’s bat; and (c) carried the victim’s back part of the bat on the part of the days of treatment (43m in length of the bat) with one hand after cutting down the bat of the victim’s bat as one hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes of evidence photographs, knife photographs, upper part of the body, and knife photographs;

1. Article applicable to the facts constituting an offense, Article 71 subparagraph 1 of the Control of Firearms, Swords, Explosives, etc. Act, and Articles 71 and 12 (1) of the same Act (the possession of swords without permission of the chief of the competent police station, the choice of imprisonment, and the punishment of violence, etc.) and the Punishment of Violences

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