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(영문) 인천지방법원 2015.07.17 2015고단2474
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 is a person who drives a private taxi.

On April 11, 2015, the Defendant driven the foregoing vehicle, while proceeding in order to turn to the left at one lane in the direction of the station in the direction of the Love Hospital at around 21:00, the Defendant: (a) while driving the said vehicle, the Fssp vehicle driven by the victim E (hereinafter referred to as 23 years old) from the front side of the vehicle in order to turn to the left at one lane in the direction of the station direction; (b) when the damaged vehicle driven by the victim E (hereinafter referred to as 23 years old) operated the damaged vehicle to the direction of the damaged vehicle; and (c) when the victim was able to turn to the left, he was unable to turn to the left, due to the rapid change of the front signal to the red signal, she driven the damaged vehicle to the front side of the vehicle in one way in the direction of the hospital in the direction of the front direction of the station in the direction of the hospital; and (d) operated the vehicle in front of the front of the damaged vehicle to the front of the vehicle.

Accordingly, the defendant threatened the victim by using his own vehicle, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to an extract a motion picture of a damaged vehicle, boomor, at the time of damage;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence for the sentencing criteria [the scope of the recommended sentence] shall be the basic area (six months to one year and six months) of the crime of intimidation (Habitual, repeated, and special intimidation) (the scope of the recommended sentence];

2. In light of the favorable circumstances, the Defendant recognized the instant crime and reflected in the determination of sentence, and deposited part of the money for the victim, this case is deemed to have threatened the victim by using the vehicle beyond the central line.

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