beta
(영문) 수원지방법원 성남지원 2015.12.02 2015고단1723

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 2, 2015, the Defendant driven D taxi on June 16:30, 2015, and driven the FW car of the victim E (31 years of age) while driving on the road adjacent to the 3rd complex of 00-dong, Y-dong, Y-dong, Y-dong, Y-dong, Sungnam-si. As such, the Defendant: (a) driven the fM car in front of the damaged vehicle, and (b) driven the fM car in front of the damaged vehicle.

Accordingly, the defendant threatened the victim by using the above taxi, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order only led to the confession and reflect of the crime committed by the victim on the front side of the defendant vehicle at the time, and the victim's vehicle in front of the defendant vehicle at the time failed to make a right-way, making one warning to proceed to the victim's right-hand side. As the defendant vehicle is overtaking the victim vehicle after the right-hand side, the victim's vehicle is driving ahead of the victim vehicle after the right-hand side, and the situation is taken into account as the victim stopped the vehicle in order to take the direction into account. The running speed of the vehicle was about 30 to 40 km at the time, and the victim stopped the vehicle at the time of overtaking the victim vehicle. Since the victim stopped only five seconds after the vehicle stopped, it seems that the vehicle might not pose a big threat to the victim even if the vehicle was parked, and that there is no previous fine and all other conditions indicated in the order of this case.