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(영문) 부산지방법원 2015.02.12 2014고단1251

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2014 Highest 1251"

1. On February 3, 2014, at around 09:30 on February 3, 2014, the Defendant was a person who works for D’s employee of the victim C. Around 09:30, at D’s office located in Busan-gu, Busan-gu, for the victim to have a fluencing accident by telephone, sent the victim a contact accident by arbitrarily driving a commercial vehicle from the victim, and followed the victim’s speech to listen to this. The Defendant found the victim to be bad from the victim, as he was bad, and refused a fluencing conversation, the Defendant was a deadly weapon, a deadly weapon (the total length 24.5 cm and 11.5 cm on the blade) that she carried one time at the victim’s left breath and carried in advance, thereby threatening the victim by threatening “intiating the victim”.

"2014 Highest 2317"

2. On February 3, 2014, at around 00:55, the Defendant driven a fran vehicle at the section of approximately 1.5 kilometers from the road front of the tring-distance located in the Gamban-dong of Busan to the front road located in the Seo-gu, Busan, Seo-gu, Seo-gu, Busan, while drinking with a blood alcohol content of 0.089%.

Summary of Evidence

[2014 Highest 1251]

1. Partial statement of the defendant;

1. C’s legal statement;

1. Protocol of seizure (2014 Highest 2317);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver, and reports on the status of a drinking driver;

1. Relevant Article of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc., Article 283 (1) of the Criminal Act, Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that no additional damage has occurred, the fact that there is no additional damage, the fact that family form is difficult, and the fact that there is no good health);

1. The order of confiscation for the reasons under Article 48(1)1 of the Criminal Act.