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(영문) 인천지방법원 2015.04.16 2014고단9197
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C observer car.

On August 9, 2014, the Defendant driven the said motor vehicle on August 11:14, 201, and driven the said motor vehicle to approximately 100 km at a speed of 100 km along the three-lane road near the Cheongwon Highway, the Defendant was willing to threaten the victim by driving the said motor vehicle under a threat before the said Switzerland car, on the ground that the victim D (hereinafter referred to as 45 years old) driven the motor vehicle along the two-lane of the said road, while driving the motor vehicle along the said Switzerland car, and rapiding in the future.

Accordingly, when the victim changed the vehicle line into two lanes, the defendant followed the Switzerland over three times in the future, and followed the Switzerland car in front of the Switzerland car, stopped the observer car in front of the Switzerland car and brought about an article against the victim, etc., and threatened the victim by carrying the observer car, which is a dangerous object, and by taking the attitude that the victim seems to pose a risk to the life or body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident statement of the F;

1. Application of the Acts and subordinate statutes to photograph photographics and booms image images

1. Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 283(1) of the Criminal Act concerning criminal facts

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows: (a) a traffic accident between a victim's vehicle and a victim's vehicle and a traffic accident between the victim's vehicle and the defendant's vehicle was committed on three occasions at a speed of about 100 km from the expressway, and (b) a traffic accident between the victim's vehicle and the victim's vehicle was committed; and (c) the victim's five persons, including the victim, suffered bodily injury or serious danger to public safety.

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