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(영문) 창원지방법원 통영지원 2015.10.21 2015고단713
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

Criminal facts

Around 02:14 on August 2, 2015, the Defendant: (a) operated a eM5 vehicle in the vicinity of a station located in C at the time of driving, and was driving along a two-lane road at which the eM5 vehicle was driven in the same direction, without using the direction, etc. for the victim F (33 years old) driving that was driven in the same direction, while driving the eM5 vehicle in the same direction, and driving the eM5 vehicle in the same direction, the Defendant used the Defendant vehicle, which is a dangerous object, and followed the frighting vehicle in the future in the direction of the victim at the two-lane direction, without using the frightd vehicle, and used the above frighting vehicle in the above manner from around 02:15 to around 217, the Defendant frighting vehicle in the front of the frighting vehicle. From around 202:15 to around 202:206 to the above frighting vehicle in the first place.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Bluebbbbling CD images;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines [the scope of recommendations] and the basic area (six months to one year and six months) of the crimes of intimidation (Habitual, repeated, and special intimidation) (the scope of recommendations) shall not be included in the sentencing guidelines;

2. Determination of sentence - Determination of favorable circumstances: radius;

- Unfavorable circumstances: A defendant's crime committed against the victim using a motor vehicle, which is a dangerous object, is not suitable for the victim, and no measures for recovery from damage are taken.

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are taken into account, and the community service order is added with reflective and sexual reflection.

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