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(영문) 인천지방법원 부천지원 2015.11.24 2015고단2337

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for four 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

The Defendant is a driver of B, who is a driver of B, New Zealand.

At around 09:30 on July 31, 2015, the Defendant driven the above van and driven along the three-lane road near the Han River in the Han River of Han River in the Kimpo-si, Kimpo-si, in Seoul, along the three-lane from the above IC, and changed the one-lane from the above IC to the one-lane in Seoul, on the ground that the victim C raised a higher level in the latter part of the first one and rings a horn, the Defendant operated the one-way system in front of the victim's car, and changed the two-lanes, and operated the two-lane system in the future, and the victim changed the three-lane, and the victim changed the three-lane, and thereafter, the victim changed the three-lane to the three-lane, thereby threatening the body and body of the victim from the above IC to the new road near the new IC road in the future.

Accordingly, the defendant carried a dangerous article, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to each investigation report, the section and map of retaliation driving, and the photographic images of the screen image data;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommending sentence] The basic area (6 to 1 year and 6 months) of types 4 (Habitual Cumulative Offense, Special Intimidation) (Special Intimidation) of the Criminal Act / [the decision of sentencing] None of the defendants [the decision of sentencing] is contradictory to the defendant's confession, the defendant has no record of criminal punishment, and other factors such as the defendant's age, character and conduct, circumstances after the crime, etc., shall be determined as per the order.