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(영문) 수원지방법원 성남지원 2015.02.05 2014고단3059

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Around 10:50 on May 14, 2014, the Defendant was driving a BMW car and driving a one-lane of the road near the Young-dong Highway St. D's drive (47 years old) of the victim C(the 47 years old) driving on the two-lanes in the two-lanes. A vehicle of the victim C(the 47-year-old) was overtaken by the Defendant's driver's vehicle in the first lane, and then is threatening with the victim's vehicle, and then the victim was overtaken by the two-lanes, and the victim was moving to the two-lanes, thereby threateninging the victim by the two-lanes, and again, the victim's change of course to the one-lanes, threatening the victim's vehicle by operating the said BM car in the following three-lanes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Act and subordinate statutes to a photograph (influence No. 54 of an investigation record) of a black stuff image and to a CD;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. In full view of the following circumstances: (a) the Defendant’s crime of sentencing under Article 62-2 of the Criminal Act was committed by the Defendant for the reason of sentencing; (b) there is no need to strictly punish the Defendant; (c) on the other hand, it does not reach the actual traffic accident; (d) the Defendant admits and reflects the Defendant’s mistake; and (e) other favorable circumstances such as the Defendant’s age, character and conduct, environment, etc., other than the one-time fine prior to the imposition of a fine; and (e) other circumstances constituting conditions for sentencing, such as the Defendant’s age, character and conduct, etc., the Defendant shall be sentenced to imprisonment within the statutory penalty mitigated by discretionary mitigation, and the execution of the