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(영문) 수원지방법원 안산지원 2015.08.13 2015고단1616

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 became final and conclusive.

Reasons

Punishment of the crime

Around 18:00 on May 12, 2015, the Defendant: (a) driven a Dama motor vehicle under his/her own possession to the upper part of the upper part of the common area located in 61 of the Enforcement Decree in Ansan-si, Ansan-si; (b) tried to change the lane into three lanes; (c) but the victim D (year 27) did not yield; and (d) Raber ( length 50 cent) was loaded on his/her own motor vehicle; and (d) the victim expressed his/her desire to “the victim was slick, fiff fiff, and fiff, fiff, and fiff, fiff,” thereby threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] In the case where the mitigation area (4 to 1 year), mitigation area (4 to 4 months), exemption from punishment (including serious efforts to recover damage), or considerable damage was restored (decision of sentence] under Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act on the grounds that the crime of this case is not suitable for the nature of the crime and thus, it is inevitable to punish the defendant accordingly.

However, the above punishment shall be determined by comprehensively taking into account all the factors of sentencing on this case, including the defendant's age, environment, and circumstances after the crime, etc., where the defendant committed the crime, the victim complained against the defendant's wife by agreement with the victim, and there was no record of punishment except for the sentence of a fine of KRW 500,000 due to traffic accidents in 200.