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(영문) 부산지방법원 2016.01.07 2015고단5271

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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[Defendant A] The Defendant is innocent. The Defendant publicly announced the summary of the judgment of innocence against the Defendant.

[Defendant B] Defendant B]

Reasons

Punishment of the crime

(B) Defendant B led to the partial revision of the facts charged, since all of the facts charged were led to the confession of Defendant B, but the acquittal of Defendant A was pronounced.

A (53) On July 26, 2015, the victim A (53) driven a route bus belonging to Han Chang-gu passenger on July 14:10, 2015, and got a guest at the bus stop in the city of Busan in the direction of the thought-gu trigram, Busan in the direction of the second-lanes in the direction of the thinking-gu, Busan in the direction of the second-lanes, while driving along the two-lanes on the roads in the direction of the thought-gu, Busan in the direction of the second-lanes, the victim A (53:10 on July 26, 2015, and the victim A (53:00) brought a passenger in the direction of the motor vehicle in the direction that the defendant driven along the first-lanes of the above road, and the defendant in the way that the defendant gets a light and turn on the headlight.

After that, the victim tried to change the lane from the first lane to the second lane, and around that time, the victim tried to overtake the bus of the victim through the second lane.

However, the Defendant: (a) determined that a person who suffered damage from a fire in one’s own above provision was using the bus in a two-lane way; and (b) determined that the Defendant’s car was sealed by the Defendant; (c) subsequently, the injured party avoided the bus operated by the injured party with the vehicle’s vehicle change to the two-lane; and (d) threatened the injured party by using a motor vehicle, which is a dangerous object, with an rapid operation from the bus front.

Summary of Evidence

1. Defendant B’s legal statement

1. A protocol concerning the examination of suspect of the police officer;

1. Application of CCTV photographs and CD images-related Acts and subordinate statutes;

1. Articles 284 and 283(1) of the Criminal Act regarding criminal facts of this case (the decision of a fine shall be made by taking into account the following facts: (a) the fact that there is no past record of the crime; (b) the victim committed the crime of this case first by bus that threatens himself; (c) the fact that the crime of this case is seriously against the Defendant; and (d) the Defendant has yet to be a young older person in the society of early age);

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.