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(영문) 광주지방법원 목포지원 2015.10.13 2015고단990
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing vehicle B.

On April 12, 2015, the Defendant driven the said vehicle at around 00:28, while driving the said vehicle, and driving the three-lane in front of the D Heavy Industries in Yongnam-gun C from the right edge to the right edge, the Defendant: (a) overtaken the victim’s vehicle by using the said Defendant’s vehicle, which is a dangerous object that the victim E (the age of 53) drives on the ground that the said taxi runs ahead of the Defendant’s vehicle; and (b) reduced the speed of the victim’s vehicle by immediately changing the vehicle in the front of the said vehicle; (c) made the victim stop the vehicle on the side; and (d) caused the victim to drive the vehicle rapidly on the side; (d) made the victim’s vehicle driving again; and (e) acted as harming the victim’s life or body by changing the vehicle; and (e) threatening the victim’s vehicle.

Accordingly, the defendant threatened the victim by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. On-site photographs;

1. An investigation report - A victim's rocketing taxi stuff analysis, an investigation report - Application of the laws and regulations concerning the distance of suspension;

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 under Article 62 (1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: Types IV (Special Intimidation) for violent crimes;

2. Determination of the scope of sentence: Reduction area, April - 1 year (Special mitigationist: Non-exclusive of punishment);

3. The decision of sentence appears to be contrary to the recognition of the crime of this case by the defendant, the victim does not want the punishment of the defendant due to an agreement with the victim, the defendant has no record of criminal punishment heavier than the previous fine, and the age, character and conduct of the defendant.

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