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(영문) 의정부지방법원 2015.01.30 2014고단3966
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:30 on June 19, 2014, the Defendant: (a) provided a bath to the victim D (the aged 52) who was a taxi driver of the taxi, who was stopped behind the vehicle due to the signal while driving the CM5 vehicle in front of the Guri-si, on the ground that the vehicle stopped while the vehicle stopped due to the signal, the vehicle stopped later; (b) laid golf bonds, which are dangerous objects at the vehicle ridge between the Defendant’s vehicle and the victim, and said, “the string” to the victim.

Accordingly, the defendant carried dangerous articles and expressed his attitude as to what kind of harm to the body of the victim, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning D;

1. A criminal investigation report (Scambling CDs);

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Violence (Determination of Punishment) Type 4 (Determination of Habitual Cumulative Offense, Special Intimidation) / [Determination of Recommendation Area] Basic Field / [Scope of Punishment] / From June to June 1 [General / Reduction element] : The serious reflective nature [Scope of Punishment] / from June to 15 (Determination of Punishment] / The serious reflective nature / [Determination of Punishment] from June to 15 (Determination of Punishment]. The fact that there is no other penalty power, other than the previous conviction of drunk driving once within 15 years, the wife and high school students support two children, and the circumstances of the case, etc.

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