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(영문) 춘천지방법원 원주지원 2015.12.08 2015재고단19

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 October 2, 2014, around 15:20 on the 15:20th day of the 2014th day, the Defendant operated the national highway No. 38 on the 38th day of the "National Road in the Gangwon-gu National Road", and the victim D (the age of 48) driving the New EF Station and the change of the car line became the starting cost, which led to each other to get off from the car.

After that, the Defendant started driving a motor vehicle again, and thereafter, the victim started driving the motor vehicle again, and the victim entered the motor vehicle to another motor vehicle from which the Defendant would overtake the Defendant, and the Defendant obstructed the course of the victim who followed the motor vehicle behind the motor vehicle, which is a dangerous object, and reduced the speed of the Gap self, thereby allowing the victim to stop rapidly, etc., and using the motor vehicle of the 20 minutes from 15:20 to 15:40 on the same day, the victim used the motor vehicle of the mother car for the above three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Investigation report (to attach images and photographs);

1. Application of Acts and subordinate statutes on defendant's statutory statement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on probation, community service and order to attend a lecture [the scope of recommendation] When the sentence of Article 6-2 of the Criminal Act is mitigated [the person who has been subject to special mitigation], the area of mitigation of punishment (including a person who has been subject to special mitigation] or considerable damage (including a serious effort to recover damage) (the decision of sentence], eight months of imprisonment, suspension of execution, two years of probation, probation and order to attend a lecture: the defendant committed an act threatening the driver of other vehicles on the road, and such act is very dangerous because it may lead to a large-scale accident.

In addition, the defendant has been already punished several times for violent crimes.

However, the defendant is against the mistake.