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(영문) 대전지방법원 2013.06.28 2013고단1267
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 15:10 on March 15, 2013, the Defendant was under the influence of alcohol at a 0.146% by blood alcohol concentration, the Defendant driven a vehicle of approximately 20 km from the Geong-si Doeng-si Doe-si Doe-si Doe-si Doe-si Doe-si Doe-si, Daejeon-dong Doe-si and the parking lot.

2. Around March 15, 2013, the Defendant violated the Punishment of Violence, etc. Act (collective intimidation) committed by the victim C (the age of 62) who drives a F private taxi in front of the commercial complex of the E apartment complex in Daejeon, Daejeon, on the top of the commercial complex, by putting the Defendant into the front of the taxi where the victim is crypted with a view to a signal violation, by cryping the Defendant’s vehicle in front of the taxi where the victim crypeded with a light of the signal violation, followed the Defendant’s vehicle in front of the taxi where the victim driven, and opening a knife (the total length of 29cc, the knife length of 17cm) which the knife knife was used by the knife in his hand, and threatened the victim with a knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Application of the Act and subordinate statutes under Article 32(1)1 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Reject Orders for Compensation under Article 62-2 of the Probation Criminal Act [the scope of applicable sentences] from six months to fifteen years (after discretionary mitigation) [the elements of mitigation [the general person who is not subject to punishment] mitigation elements (the scope of recommended sentences] [the scope of punishment] violent crime group.

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