logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2014.04.22 2013고단3154
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. On November 15, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) committed a violation of the said Act (collectively, deadly weapons, etc.) while driving a C cab on the front of a temporary parking lot in front of the temporary parking lot in front of the luminous-si, which became a starting point due to the victim D (year 25) and a change in course while driving the C cab on the road in front of the temporary parking lot in front of the luminous-si, and then cut off the victim’s E rolling stock operating a two-lane between the four-lane streets, and then, the victim said that the victim “I throw off the time knife.”

Accordingly, the defendant carried a deadly weapon or other dangerous object and threatened the victim.

2. The injured Defendant threatened the victim at the above date, time, place, and thereafter put the above excessive amount into the taxi of the Defendant, and put the victim's face at the victim three times on the floor of hand, brought about about about about 14 days to the victim, and brought about a cryp dump for which medical treatment is required.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated increase of concurrent crimes within the scope of the sum of the long-term punishments of crimes in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.)

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

1. Article 62 (1) of the Criminal Act;

1. The Defendant asserts that the probation and community service order Article 62-2 of the Criminal Act had been faced with the emergency escape tools, not excessive, at the time of the instant intimidation, by hand. However, the victim consistently from the investigative agency to this court to the Defendant’s hand, and consistently, the Defendant was click and boomed.

arrow