2015 Highest 2789 Violation of the Punishment of Violences, etc. Act (Intimidation, such as Group, Deadly Weapons)

(Special Intimidation for recognised Crime)

Maximumx (61 - 1), commerce

Housing Dongdaemun-gu Seoul Metropolitan Government

Gambal interference (Lawsuits of Prosecution), Sicks, and Lee Jin-young (Public Trial)

Law Firm △△

[Defendant-Appellee]

October 21, 2015

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

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Facts of crime

On September 15, 2014: Around 54, the Defendant driven a string truck owned by the Defendant, and brought to the left at the right from the intersection of the Red Elementary School located in 518, Dongdaemun-gu, Seoul, the Defendant 1 ton of the instant truck to turn to the am left at the amambly from the intersection of the front of the ambari road located in front of the red elementary school located in Dongdaemun-gu, Dongdaemun-gu, Seoul, to turn to the left, on the ground that the ambling car driven by the victim both ○○ (the age of 42) was cut to the left at the top of the left.

The Defendant set the left-hand car at the right-hand turn in the above intersection, and opened the said car in front of the said car at the crosswalk near the point where the left-hand turn end at the right-hand turn-hand turn-hand turn-hand turn-hand turn-on, and operated the car in front of the said car, took a bath to the victim, and putting the vehicle up on the right-hand side of the road. The Defendant, when the victim dissiped and proceeded as it is, the Defendant overtakened the said vehicle with the above truck, followed the vehicle by lowering the speed above, and displayed the left hand to put it up on the right-hand side of the road, while driving the vehicle in front of the said vehicle, and threatened the victim by driving it.

Nevertheless, the victim left the vehicle, and the defendant gets away from the right lane of the above vehicle, and fring the light, and fring the light, "the fring, this fring, the fring," and the victim intending to stop the above vehicle in the stop line near the 3-distance in the Seodaemun Station. The defendant set up his own truck on the right side of the vehicle and set off the fring of the fring of the fring of the fring of the vehicle, and threatened the fring of the fring of the fring of the fring of the fring of the vehicle, and threatened the fring of the fring of the fring of the fring of the fring of the vehicle.

As a result, the defendant threatened the victim by using wing cargo vehicles, which are dangerous objects in about 500 meters in the range of 500 meters from the shooting distance in front of the Red Elementary School.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to ○○○ by the police;

1. Each investigation report (the sequence 4, 5, 9 in the list of evidence), and each comparison;

Application of Statutes

1. Article applicable to criminal facts;

Articles 284 and 283(1) of the Criminal Act

1. Suspension of execution;

The reason for sentencing under Article 62(1) of the Criminal Act, although the nature of the crime of this case, which threatened a person using a motor vehicle, which is a dangerous object of the defendant, has no record of criminal punishment before, confessions and reflects that the defendant had no record of criminal punishment before, and other factors of sentencing that appear in the records of this case, such as the circumstances, attitudes, circumstances after the crime, the defendant's age, character and conduct, environment, etc. shall be determined as ordered by taking into account.

It is so decided as per Disposition for the above reasons.

Judges Yoon Jong-man