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(영문) 서울동부지방법원 2015.07.16 2015고단1330
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 01:50 on April 18, 2015, the Defendant listened to the desire of the Defendant on the ground that the Defendant is driving a crosswalk while driving the Defendant’s vehicle, from the victim D (the age of 39) who is a pedestrian, who is a pedestrian, in contravention of the signal, due to the Defendant’s dangerous driving of the vehicle in contravention of the signal, followed the Defendant’s view by cutting down the wall of the sidewalk block, which is a dangerous object on the street under the surrounding streets, and made a threat to the victim by gathering up the wall of the sidewalk block, which is a dangerous object on the street, and by taking the victim’s desire, and threatening him.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to the site and brick photographs;

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. Mitigation of discretionary work: Articles 53 and 55(1)3 of the Criminal Act (excluding punishment of a fine in 1997 and once in 197; any person who has no previous record of a crime in the same kind; any person generally reflects such fact; and the motive, circumstances, etc. that led to the instant crime);

1. Article 62 (1) of the Criminal Act (hereinafter referred to as "unfair mitigation reasons");

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