(영문) 대전지방법원 2018.01.19 2017고정1266

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자간(%)

(영문) 대전지방법원 2018.01.19 2017고정1266

폭력행위등처벌에관한법률위반(우범자)

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A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 18, 2017, the Defendant: (a) around 23:40, the Seo-gu Daejeon, Seo-gu, Daejeon District Court: (b) held the victim D and his activities and vehicle traffic issues on the front of Seo-gu Daejeon-gu, Daejeon-gu, that the Defendant, while carrying out a dispute with the victim, said, “I do not have CCTV to the effect that there is no head stamped.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each legal statement statute of witness D, E, and F;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Judgment on the assertion that no intimidation was made as stated in the facts charged of this case

A. The alleged Defendant: (a) opened a ridge between the Defendant and the other Defendant’s vehicle; and (b) opened a ridge between the Defendant’s vehicles; and (c) taken the strings of the vehicle in a group where the victim’s driving is in a group.

In the meantime, two descendants were boomed, and there was no fact of harming the victim, such as the statement in the facts charged in this case.

B. 1) According to the evidence adopted and examined by the court, the following circumstances are acknowledged: ① The victim, as consistent from the investigation agency to this court, has consistently reported to the police by threatening the Defendant to display a net value as indicated in the facts charged in the instant case and to have no CCTV.

Since the submission of a statement to the effect that: (a) the E, a victim’s first-hand investigation agency, has consistently made a statement to the same effect as the victim; (b) the F also made a statement to the effect that “the Defendant threatened with the view of the victim; and (c) the said F also made an investigative agency “the thickness of Ga. Ga. Ga. Ga. Ga. Ga. Ga. Ga. Ga. Ga.

참조조문

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