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(영문) 전주지방법원 2015.08.28 2015고단837

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 12:10 on February 6, 2015, the Defendant driven a car at CColand and driven a two-lane road in front of the 111-lanes in the front city of the front city of the front city of the front city of the front city, along one lane, and was driving in the same direction by the victim D (the age of 36) who was driving in the same direction in the same direction. On the ground that the Espsan Auda car driven by the Defendant is driving in the front of the car driven by the Defendant, the Defendant was driving in the vicinity to the right side of the above victim during a section of about 700 meters following the vehicle speed of the Defendant, and was threatening the victim by using the vehicle, which is a dangerous object, such as cutting the vehicle in front of the victim's front road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation (booms video analysis);

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;

2. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused in the following sentencing grounds):

3. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”), which is favorable to the defendant, shall be the same.

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. Reduction elements (including serious efforts to recover damage) of types 4 (Habitual, Cumulative, and Intimidation) and reduction elements according to the sentencing guidelines: In the event that a considerable damage has been restored [decision in the area of recommendation] mitigation elements [decision in the area of recommendation] mitigation elements, i.e., serious reflective or criminal records [the scope of recommendation] imprisonment for April to one year.

3. The statutory applicable sentencing range, inasmuch as the lower limit of the applicable sentencing under the law, is higher than the lower limit of the recommended sentencing range.