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(영문) 인천지방법원 2016.01.14 2015고단5035
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) the Defendant driven a C Dump truck on March 18, 2015, while proceeding along the two lanes along the roads front of the Seo-gu Incheon Metropolitan City king Underground Road, Seo-gu, Seo-gu, Incheon Metropolitan City (26 years). On the ground that the victim D (26 years old) driven a vehicle for the Embb and changed the vehicle rapidly and made it clear for the day of the accident; (b) the Defendant followed the above Spp truck from the above place to the “G cafeteria” front of the “G cafeteria” located in the same GuF; and (c) as the victim would go into the first lane front of the right side of the victim, the victim kids on the one-lane road, and the victim kids on the two-lane road; and (d) the victim kids on the two-lane road by changing the two-lane line to the Defendant.

Accordingly, the defendant, carrying a dangerous object, and threatened the victim with a method of causing harm to the victim's life or body, as the victim might inflict harm on the victim.

2. In around 10:25 on the same day, the injured Defendant: (a) brought a dispute with the injured party in front of “H” in Seo-gu Incheon Metropolitan City on the road; (b) brought the injured party’s chest by hand on the part of the injured party; (c) made it difficult for the injured party to open the door due to the defect of the injured party’s seat on the car driving seat and the Defendant’s bridge, etc.; and (d) caused the injured party’s injury, such as catfe and tension, which requires approximately three weeks of treatment on the part of the injured party’s head by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D and I testimony respectively at each court;

1. Results of on-site CCTV CD recycling;

1. Application of Acts and subordinate statutes to photographs of damaged parts, and a written diagnosis of injury;

1. Article 284 (Special Intimidation, Selection of Imprisonment) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with prison labor) concerning the facts constituting the crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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