2014 Highest 3297 Violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.)

Maximum00 (68 - 1) Other projects

Incheon Residence

Freeboard (Public Trial) Equitable (Public Prosecution), Yellowia (Public Trial)

Attorney Lee Hy-soo (National Election)

December 10, 2014

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

Facts of crime

On June 22, 2014: around 00, the Defendant was driving a franchise-free car along three-lanes of the 4-lane in the direction of Kimpo Airport in Gangseo-gu, Seoul. On the ground that the amount of car driven by the Defendant did not turn on the direction direction, etc., but carried on the front of the Defendant’s vehicle, the Defendant was frightening in a manner that follows the boom in front of the victim’s vehicle by cutting on the front of the victim’s vehicle.

The Defendant driven a dangerous object, driving three-lanes in the four-lanes, and changed the course of the victim's own vehicle into the front of the victim's knife vehicle that proceeded along four-lanes, and the victim attempted to change the vehicle to the six-lane line that caused damage to the defendant's vehicle into the knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried dangerous goods and threatened the victim with a motor vehicle.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made by the police against 00;

1. A blackbox CD, a black fluor, a photofluor, and a quotation;

Application of Statutes

1. Article applicable to criminal facts;

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

Determination on the assertion of the defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 55(1)3

1. Summary of the assertion

The defendant and his defense counsel asserted that since the victim did not turn on the direction, etc. of the defendant's vehicle and carried the victim's front of the defendant's vehicle, the defendant only acted equally with the victim, and the defendant also moved in front of the victim's vehicle in the process of changing the vehicle to the sixth line in order to move the vehicle into the chip bank, so the defendant did not have the intention of intimidation at that time.

2. Determination

In full view of the following circumstances acknowledged by the court in addition to the purport of the evidence duly adopted and examined, ① the defendant himself was the person who, at the time of the prosecutor’s investigation, entered in the manner that he was frightened, and entered in the prosecutor’s office that he was frightened (in this court’s opinion, it is stated that it was true that the defendant was frightened by the defendant). ② The defendant committed an act of threatening the bris through a sudden change as indicated in the facts of the crime in the Olympic Games, which is urban accelerated road, and caused a traffic accident. At the time, the victim was the victim’s life and body. ③ The defendant stated in this court that the victim’s vehicle was threatened by the threat of the victim’s life and body, ③ the victim’s vehicle was frightened in the future, and the defendant was frightened by the victim’s vehicle, and the defendant’s act was about to actively threaten the victim’s vehicle at the time of the investigation.

1. The grounds for sentencing;

[Types of Crimes] Special Intimidations (the scope of recommendations) of habitual, repeated, and special intimidation (the scope of recommendations) shall be punished by imprisonment with prison labor for six months to one year (the basic area)

2. The crime of this case is committed with a significant punishment of one year or more, even if the victim did not turn on the direction as alleged by the defendant, and even if the victim changed his vehicle, it cannot be said that the defendant committed the same crime as the victim's driver's booming on an urban accelerated road. Rather, the defendant's above threats by using vehicle on an express speed road are likely to pose a serious threat to life and body. In particular, the defendant did not turn on the direction of the crime, and even if he did not take the direction of the crime, he did not take advantage of his age 1, but did not take advantage of his age 1, 200,000, 200,000,000 won and 1,000,000 won and 1,000,000 won and 1,000,000 won and 1,000,000,000 won and 2,000,00,000 won.

Judges Cho Jong-sung