폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in the operation of D buses.
On May 27, 2015, the defendant, around 18:47 on the 18:5. 27. 5. 27. 18:47, the defendant, in the direction of Seoul, proceeded into the first lane of the second line road in the direction of Jeoncheon-si.
The Defendant: (a) when the F K5 car operated by the victim E (the age of 54) runs at a low speed; (b) changed the lane to the second lane; (c) changed to the second lane; and (d) tried to overtake the said car; (c) however, the victim failed to pass the vehicle while at a sudden speed; (d) changed to the victim’s vehicle behind the first lane to the latter; and (e) changed to the second lane, put the said vehicle close to the said vehicle; and (e) subsequently, threaten the said vehicle close to the victim’s vehicle running on the second lane to the center separation of the right side.
Accordingly, the defendant carried a bus, which is a dangerous object, and expressed his attitude that the victim seems to have injured his life or body, and threatened the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Application of the Acts and subordinate statutes on black boxes and video CDs;
1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a threat of a person by taking retaliation against a bus, which is a dangerous object, in light of the method and mode of crime, danger, and the nature of the crime. The defendant, around 2010, has been punished for two years by imprisonment with prison labor and three years by the suspension of execution, even though he/she had the record of being sentenced to a punishment for a limited period of three years, and the crime of this case is determined as ordered by taking into account all the sentencing factors indicated in the records of this case, such as the background, mode, circumstances after the crime of this case, defendant's age, character and conduct, environment, etc.