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(영문) 창원지방법원 2015.09.23 2015고단1191
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while operating his own C-Wick car, she she was the victim D (the 31-year-old Esch Rexroth) her career and was the victim's driver, but she was not the victim, and she did not go to the death, and she went to the above passenger car.

At around 12:30 on March 31, 2015, the Defendant: (a) set one’s own car in front of G, which was stopped by signal from the victim, and set it out in the said passenger car; (b) set the camping-gate network, which is a dangerous object at the ridge between one’s own car tracks; and (c) made the victim’s vans of the passenger car; and (d) made the victim’s vans of the above vans, the Defendant threatened the victim by using the front part of the victim’s front part of the front glass.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing crimes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning a crime, Article 283 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] The scope of sentence under Article 62(1) of the Act on the Suspension of Execution is that the mitigation area (4 to 1 year) of sentence (4 to 4 months and 1 year) (special mitigation) is disadvantageous to the fact that the Act on the Suspension of Execution is dangerous.

However, in full view of all the factors of sentencing, such as the fact that the defendant commits a mistake, the fact that there is no other criminal records except that the defendant has been punished once by a fine in 192, the fact that the defendant has agreed with the victim smoothly, the fact that there has been no significant damage to the victim, the situation of the crime in this case, the age of the defendant and the environment, etc., and the punishment shall be determined as ordered.

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