beta
(영문) 부산지방법원 2015.06.04 2015고단2102

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a driver of a container truck.

On November 28, 2014, at around 15:10 on November 28, 2014, the Defendant tried to combine the EM5 vehicle driven by the victim D (34 years of age) on the right side while driving the above cargo vehicle and driving it at the lower end of 163km near the Southern Sea Highway, which is located in the Busan Gangseo-gu, Busan Gangseo-do, and driving at the lower end of the road. However, as the vehicle of the victim conflicts with the road work guide, the victim gets able to set up the vehicle every two persons following the Defendant's cargo vehicle.

The Defendant, when getting off from the vehicle, took a detailed attitude that seems to have a fluence toward the head of the victim by cutting the fluor who was in possession of the main machine while taking back the fluor, and by threatening the fluor to “gingg building fluor.,” brought about an air pressure check for his own cargo, which is a dangerous object at the vehicle, and threatened the victim who was in the driver’s seat of his vehicle with a view to damaging the fluor by the fluor with the above fluor.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on photofics;

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;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The scope of sentence comparison between the applicable sentence and the recommended sentence that has no basic area (6 to 1.6 months) (6 months) of the main area (6 to 1.6 months) of the Act on the Suspension of Execution (6 months), and the applicable sentencing range: one year to 1 year and 16 months (decision of sentence] of the Act on the Suspension of Execution is a case of threatening a victim using dangerous articles, and the applicable law is not appropriate.

However, the defendant is the time of committing the crime, and the motive of committing the crime is somewhat somewhat.