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(영문) 서울중앙지방법원 2015.02.13 2014고단9156
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

On November 4, 2014, at around 20:50, the Defendant driven the four-lanes of the four-lanes in the Dota City in Gangnam-gu, Seoul, Seoul, by driving the vehicle at the Dota City or the vehicle at the Dota City in the Han-gu, Gangnam-gu, in the direction of the shooting distance in the Han Tri Station.

The defendant tried to move in three lanes, but the EMW 320 vehicles driven by the victim D(36 years of age) did not turn on, and the defendant sawd the car in front of the victim's vehicle.

Accordingly, the defendant, who intends to proceed from the third lane to the second lane in which the defendant's vehicle was damaged, has also prevented the defendant from driving his vehicle again.

Therefore, when the victim re-enters the defendant's vehicle into a one-lane, the defendant tried to overtake the non-motor vehicle driven in the two-lane, and then gets a sudden stop in front of the victim's vehicle in the first lane.

Accordingly, the defendant threatened the victim by using a dangerous vehicle, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a criminal investigation report (30 pages of evidence records);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] No person who has no basic area (6 to one year and six months) (6 months) of the fourth category (Habitual, Cumulative, Special Intimidation) [the Decision of the Sentence] of the Act on the Order of Service and Order to Attend Education [the defendant] of the road where automobiles are underway, the defendant was forced to stop on the ground that the victim did not yield the right of way in the middle of the road where automobiles are underway, and the defendant committed an act of extremely dangerous danger that may cause human life damage by blocking the course of the victim.

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