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(영문) 수원지방법원 안양지원 2014.02.05 2013고단1649

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

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

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

Reasons

Punishment of the crime

At around 23:40 on August 14, 2013, the Defendant: (a) driven a dump truck with D 25.5 tons by the victim C (the age of 36) driving at the top line of the flag line of Jindong Highway, Jindong Highway Incheon, Jinwon-gun, Seoul, and driven a Brop truck from 173.2km to one lane; and (b) even though the accident occurred, the Defendant, while driving the dump truck with the driver’s own fump truck, she would stop the Defendant’s vehicle on the front of the truck, and requested the victim to death, but on the ground that the victim refused it without getting off from the truck, the Defendant committed an act of cutting off the transition at the back seat of the Defendant’s vehicle, thereby displaying the victim.

In this respect, the defendant carried a dangerous article and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (the closure of a black box image and screen image accompanied by a complainant);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence shall be determined as ordered in consideration of the facts that the reason for sentencing under Article 62 (1) of the Criminal Act is against the law, and the victim does not want the punishment;