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(영문) 서울북부지방법원 2016.05.19 2015노1918
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) when the victim (joint Defendant in the lower judgment) gets off the Defendant’s driver’s vehicle even though it was attached by the Defendant’s driver’s vehicle, and entered the same lane in the course of changing the vehicle again into the second line, the victim was placed on the part of the victim and the bottle in order to hear whether the victim would be able to make a son’s horse to the Defendant; and (b) the Defendant’s driver’s vehicle to take up two times to the victim’s vehicle in order to attract the victim or threaten the victim.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. Even if a special intimidation is established against a defendant for an unfair sentencing, the sentencing of the lower court (two years of suspended sentence in June, 40 hours of law driving lectures, 135 hours of community service orders) is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the lower court by comprehensively taking account of the evidence duly admitted and examined by the lower court, namely, the Defendant, while driving a car at the time and driving a two-lane road on the same direction as the other side of the three-lane road in the same direction, has been pushed down one-lane on the wind of the Defendant’s right to change the two-lanes in the future. The Defendant, despite of the fact that the Defendant was able to change the two-lanes in the same speed as the Defendant, while driving a two-lanes in the same speed as the Defendant, at approximately 10 seconds of the two-lanes on the other side of the Defendant’s vehicle, expressed a desire for the victim while driving the vehicle at a speed above the other side of the Defendant’s vehicle.

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