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(영문) 대구지방법원 안동지원 2014.07.25 2014고단108
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On January 13, 2014, at around 19:05, the Defendant driven a Ccopi-sports cargo vehicle and proceeded with the solar distance from the surface of a sexual hospital to the surface of the rooftop distance.

While the Defendant was driven by the Echip driven by the victim D(W, 38 years old) and followed a car, the Defendant was able to leave the intersection on the vehicle driving signal, and the Defendant was able to take the window of the driver’s seat of the damaged vehicle in the traffic signal, and she was able to take a bath by saying, the Defendant was able to get off the signal, and she was able to get off the phone while communicating, and she was able to get up the age.

The Defendant: (a) when the damaged vehicle drives a vehicle again in accordance with the new direction, and (b) when threatening the damaged vehicle by raising, etc., it was passing the damaged vehicle in front of the Dong-dong Youth Culture Center, and stopped by entering the two-lane where the damaged vehicle is proceeding; (c) the damaged vehicle stopped the vehicle in front of the damaged vehicle in order to change the damaged vehicle from the two-lane to the one-lane where the damaged vehicle occurred; and (d) the damaged vehicle stopped the vehicle in front of the damaged vehicle in order to cause the damaged vehicle to drive the vehicle to the front part of the damaged vehicle, thereby causing the damaged vehicle to inflict bodily injury on the victim.

Accordingly, the defendant threatened the victim with a dangerous object, which is a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes on site photographs and investigation reports (Attachment of Babbling images);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] types 4 (Habitual, Cumulative, Special Intimidation).

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