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(영문) 대구지방법원 2015.05.12 2014고단6454
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

1. The sentence shall be suspended against the defendant;

2. The application for the instant compensation order shall be dismissed.

Reasons

Punishment of the crime

On August 9, 2014, at around 19:15, the Defendant carried a dangerous object and threatened the victim with a motor vehicle, which was a dangerous object, while driving a motor vehicle in the vicinity of a water-based underground vehicle (e.g., a water-based bridge) in front of 4-2, in the vicinity of the entrance of the river (e.g., a water-based bridge), and while driving a Dcopi motor vehicle, the immediately preceding female Defendant, who was the Defendant at the time of the examination to the effect that “I am immediately going off,” “I am immediately going off.”

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness C and E;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents (Nos. 2 through 7, 20) and internal investigation report and accompanying documents (No. 8 through 14 of the evidence list);

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. Article 59 (1) of the Criminal Act (limited to a suspended sentence: Imprisonment with prison labor for six months);

1. The fact that the defendant drives a threateningly and the victim sustained considerable damage may be recognized through each evidence indicated in the sentencing grounds of Article 32(1)3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss the Compensation Order;

However, in light of the developments leading up to the occurrence of the instant accident, the first defendant, at the time of the change of the vehicle line, had a lot of vehicles slowed along the second lane, and the damaged vehicle was driven along the first lane (based on the victim's statement in the investigative agency) but the damaged vehicle was driven along the first lane (based on the victim's statement in the investigative agency). For this reason, when the damaged vehicle overtakes the damaged vehicle, the driver of the damaged vehicle was able to take a bath for the reason that the damaged vehicle was immediately overtaken the Defendant, and the object of the complaint is unreasonable to make the Defendant's objection.

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