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(영문) 서울서부지방법원 2015.10.23 2015고단1711

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

On June 25, 2015, the Defendant: (a) 06:17, while driving D SP vehicles under the influence of alcohol in front of Mapo-gu Seoul, Mapo-gu, Seoul, on the ground that the victim E (the victim E (the age of 20) was “non-driving,” obstructed the front of the said vehicle, obstructed the passage of the said vehicle, and obstructed the course of the vehicle, the Defendant threatened the victim by taking off the alinium finium telescope (the total length of 77 cm), which is a dangerous object at the between the said vehicles, of the said vehicle, with the view to chilling the above camping network, and threatening the victim as soon as possible, and continuously threatening the victim by taking off the mack (the total length of 1m) which is a dangerous object at the said tweke.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes to photographs and photographs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing [Scope of Recommendation] under Article 62(1) of the Criminal Act (including the following favorable circumstances) of the Act on the Suspension of Execution: (a) No basic area (6 to 1 year and 6 months) (6 months) of the crime subject to intimidation (decision of sentence] (decision of sentence); (b) his/her mistake and reflects against himself/herself; (c) there are no criminal records of suspended sentence or more; and (d) circumstances that may be considered in the course of committing a crime;