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A defendant shall be punished by imprisonment for not less than eight months.
except that 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. Around 10:10 on September 8, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) brought four children (year 42) on the street in front of the Cheongsong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Cheongsong-gun, who was in danger of having taken four children (year 42) into the seat of the Defendant, such as his or her son and his or her grandparents, into the seat of the Defendant, and threatened the victim by taking the air gun (E), which was dangerous for the reason that he or she was living in the seat of the Defendant.
2. The defendant in violation of the Control of Firearms, Swords, Explosives, etc. Act is a person who has obtained permission to possess guns for the purpose of remedy of harmful water;
A person who has obtained permission to possess a gun shall not use the gun except for the purpose permitted or there is any justifiable reason.
Nevertheless, the defendant used air gun for the purpose of threatening victims regardless of the purpose of remedy for harmful birds and animals at the time and place mentioned in paragraph (1).
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to investigation reports (documents related to permission to possess air guns), investigation reports (on-site photographs), investigation reports (on-site photographs), and reports on criminal investigations;
1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, Article 73 (1) 1 and Article 17 (2) of the Control of Firearms, Swords, Explosives, Etc. Act (the use of guns for other than permitted purposes, and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation leads to the crime of this case in which it is wind that the defendant's personal life did not go through a dives of dives and enters the private land of the defendant, and there are some circumstances to consider the situation, and the defendant is the same.