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(영문) 대구지방법원 김천지원 2015.10.22 2015고단837

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:28 on July 18, 2015, the Defendant driven a B X-ray car on the two-lane road in front of the 4th Dondo branch of the Indon-dong Agricultural Cooperative 4, Seoul Special Metropolitan City, 31-gil, 19-gil, Seoul Special Metropolitan City.

At the time, the Defendant moved from two lanes to one lane in order to avoid collision with vehicles parked on the right side, and operated the said vehicle. In this case, the victim C (34 years old) who followed the Defendant’s vehicle behind the vehicle by one lane, considered that there is a danger of accident due to the Defendant’s change of course, the victim’s vehicle by driving the above X-ray vehicle, which is a dangerous object of chemical blurging, followed the victim’s own flurg in front of the vehicle. After the Defendant stopped the vehicle at the right side, the Defendant tried to leave the vehicle at the right side, but the victim tried to leave the vehicle at the right side, but the victim was driving his X-ray vehicle again while driving the vehicle at the right side, thereby blocking the victim’s right side in the future, and the victim act as the victim’s life or body by taking the victim’s life or body injury.”

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Motor Vehicle Trabbling Images);

1. Relevant Article 284 of the Criminal Act, the choice of punishment for the crime, Article 283 (1) of the Criminal Act and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act is very poor, but it has no record of punishment except for two times due to a long-term past crime). It shows