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(영문) 울산지방법원 2015.11.19 2015고단2006

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On July 19, 2015, the Defendant, at the 19:05 Busan National Highway No. 14th of the National Highway No. 14th of the Busan National Highway, showed the Defendant’s attitude that the Defendant would cause harm to the life or body of the victim by making a sudden operation of the victim C (the 22th of the age), while driving the BM5 car close to the Defendant’s vehicle, while driving the BM5 car, he was driving the car close to the Defendant’s vehicle, making a sudden operation in the front of the victim’s vehicle, and changing the victim to another vehicle with the same line.

Accordingly, the defendant threatened the victim with a dangerous object, which is a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. The application of investigation report (which shall be made to photographs of moving moving pictures), photographs, and the Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The basic area (Habitual, Cumulative, Habitual, and Special Intimidation) of Chapter IV (Habitual, Habitual, Habitual, and Intimidation) [Determination of Sentence] of the Criminal Act is a retaliation driving using a vehicle, which could lead to a large number of accidents. However, in light of the fact that a mistake is against the law and no record of the crime exists, the sentence is determined as per the Disposition.