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(영문) 서울동부지방법원 2015.08.13 2015고단1386
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On April 16, 2015, the Defendant was sentenced to 8 months of imprisonment for an injury and 2 years of suspended execution at the Seoul Eastern District Court on April 16, 2015, and the said judgment became final and conclusive on April 24, 2015.

【Criminal Facts】

On December 24, 2012, at around 20:05, the Defendant continued to operate the said car without yield even though halogen car was operated by the victim D(the age of 46) to be flown into the riverside North Korea through the above access road, while the Defendant was driving the said car in the vicinity of the high water site in the village of Yongsan-gu Seoul, Yongsan-gu, Seoul.

Therefore, the defendant, who is trying to turn above the defendant's car toward the collision, was driving from the place to the north of the South Korean Peninsula, changing the lane according to the car of the 4 km victim from the place to the north of the South Korean intersection, and the defendant was trying to see that the victim's car will be harming the life and body of the victim by cutting down the vehicle in the future of the victim's car and rapid stop over several times.

Accordingly, the defendant carried a motor vehicle, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (the analysis of video records) and investigation report (the confirmation of retaliationed driving through the analysis of black records of damaged vehicles);

1. Previous convictions: Application of Acts and subordinate statutes to the same site law, 2014 Highest 3850 court rulings and investigation reports (final confirmation of judgment);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 283 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines [the range of recommendations] types No. 4 (Habitual, Cumulative, and Special Intimidation) are mitigated (4 months to 1 year) (special mitigation) (the person who has a special mitigation).

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