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(영문) 인천지방법원 2015.11.12 2015고단5291

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for four 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

On April 13:10, 2015, the Defendant continued to drive a two-lane from the three-lanes in front of the 1541 way ahead of the ductal calendar in Songpa-gu Seoul, Songpa-gu, 1541 in the direction of the ductal calendar in the direction of the ductal calendar.

The defendant tried to stop a franchise motor vehicle by driving Echip motor vehicle of the victim D (year 41) driving in the same direction as at the time, which is one-lane from one to two-lanes, due to the defect of course change from one to two-lanes, and the obstruction of course, demanding the victim to open a window of the driver's seat of the Grandland in the right side of the victim and rent the difference to the victim. The defendant added the Grandland to the right side of the victim and added it to the right side of the driver's seat of the driver's seat of the Grandland in the direction of the driver's vehicle.

Then, the defendant continued to proceed without disregarding the above behavior of the defendant, and the defendant waiting for and stopping the signal, and lowered the door of the franchise vehicle from the vehicle and opened the door.

As a result, the Defendant operated a motor vehicle, which is a dangerous object from about 3 km to the mountain basin, and made the victim hotly and threatened with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the investigative report (the analysis of victim booms images)-related statutes;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution)

1. Article 62-2 of the Criminal Act of the community service order. Article 62-2 (Consideration of Fine on Driving, such as Driving without License for Drinking and Violation of the Act on Special Cases concerning Traffic Accident Settlement, etc.);