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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. On October 01, 201, the Defendant violated the Punishment of Violence, etc. Act (collective intimidation) and threatened the victims by citing approximately 22 cms, which were used by the victim D (Woo, 66 years of age), E (Woo, 44 years of age) who is the operator of the above C building, among the victims of electronic and other crimes, around 0:30 on October 01, 201, the Defendant: (a) was under the request of the victim D (Woo, 66 years of age), E (Woo, 8 years of age) who was an operator of the above C building; (b) and (c) was under the control of the victim, and (d) was under the threat of the victims.
2. When one intends to possess swords in violation of the Control of Firearms, Swords and Explosives Act, he shall obtain permission from the chief of the police station having jurisdiction over his domicile;
Nevertheless, the defendant possessed swords without obtaining permission from the chief of police station having jurisdiction over his domicile at the time and place mentioned in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement related to F, E, and D;
1. Seizure records;
1. Application of Acts and subordinate statutes on seizure lists;
1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act regarding facts constituting an offense, Article 2 (1) and Article 2 (1) of the same Act, Article 283 (1) of the Criminal Act, Article 71 subparagraph 1 of the Control of Firearms, Swords, Explosives, etc. Act, and Articles 12 (1) of the Control of Firearms, Swords, Explosives, etc. Act (the occupation of holding an un
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Jan. 1, 2009)
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Probation under Article 62-2 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;