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(영문) 대구지방법원 김천지원 2016.11.03 2016고단844
특수협박등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant, at around 15:10 on May 21, 2016, expressed the attitude of “C” office located in “C,” and expressed that D(60), a dangerous object, which was located in the office, had to be kept in the office, for the reason that D(60) will take an examination and desire against the Defendant, was taken on the part of the victim, and expressed the attitude of “C” as “C” office in “C,” which was located in “C,” and that the victim’s body would be harmed.

2. Where anyone who violates the Act on the Safety Management of Firearms, Swords, Explosives, Etc. intends to possess swords, he/she shall obtain permission from the chief of a police station having jurisdiction over his/her domicile

Nevertheless, the Defendant did not obtain permission from the chief of the police station at the time and place specified in paragraph (1) and possessed swords (41cm in blades, 77cm in length) specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Relevant Article 284 of the Criminal Act, Article 283 (1) of the Criminal Act, Article 71 of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., and Article 12 (1) 3 of the main sentence of Article 12 (1) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc., the selection of fines for the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the size of swords for sentencing under Article 334(1) of the Criminal Procedure Act is considerably large, they are produced and possessed in preparation for an accident, such as theft robbery, and have not been possessed or used for the purpose of crime, and the victim's lawsuit against the defendant was committed in the course of committing the crime in the situation where the victim was found to have taken the examination of the defendant, and the above swords were temporarily listed, and they did not act with the victim's view to harming or harming the victim.

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