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(영문) 수원지방법원 성남지원 2013.05.30 2013고단623
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

At around 14:40 on December 9, 2012, the Defendant: (a) driven a motor vehicle from the Seoul metropolitan area to Daegu along the metropolitan metropolitan Highway on the ground that the vehicle was rapidly driven by the victim D(35 years of age) E 5 automobiles in the vicinity of the Chungcheong City, the Defendant overtakened the vehicle of the victim to the Central Separation Zone, which is an object dangerous to the traffic of the victim, and pushed the victim's vehicle toward the Central Separation Zone, while driving the motor vehicle at the Daegu via the C, the vehicle was fasted by the victim's vehicle. (b) When the victim changed the lane to the two-lane, the Defendant pushed the victim's vehicle toward the side while pushing the victim into the two-lane.

Accordingly, the defendant threatened the victim with dangerous things.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning D police statements;

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

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

1. The reasons for sentencing under Article 62 (1) of the Criminal Act shall be determined in consideration of the fact that the defendant reflects the sentencing, the fact that the defendant has agreed with the victim, the circumstances and degree of the dangerous driving, and the criminal records of

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