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(영문) 대구지방법원 경주지원 2016.01.14 2015고단808
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the driver of the second cargo vehicle in B.

On July 13, 2015, at around 10:30, the Defendant driven one-lane of the two-lanes of the national highways No. 4 on the Daegu bank located at the entrance of the Anti-Regulatory Authority located in the Gyeonggi-si, Chungcheongnam-do., the Defendant, while driving the said two-lanes of the two-lanes of the national highways No. 4 on July 13, 2015, the previous victim C (59) driven the said truck along with other vehicles located in the two-lanes, led the victim's vehicle to walk the victim's vehicle using the two-lanes and followed the brac.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on internal investigation (the result of the analysis of black stay images installed on the vehicle of the person suspected of being exposed);

1. Application of the Acts and subordinate statutes to photographs, booms, and video CDs by cutting down a black boom;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] The mitigated area (4 months to 1 year) of the mitigated area (4 months to 1 year) [special mitigated persons] of the mitigated area (a special mitigated person] of the punishment [a] The defendant's decision of sentencing] is deemed to have been engaged in so-called retaliation while driving a vehicle while driving the vehicle, which may cause a serious danger to the life and body of the other driver of the vehicle or the passengers of the following vehicle as well as the other driver of the vehicle.

However, the defendant recognized the crime of this case and reflects his mistake in depth.

A injured person does not want the punishment of the defendant.

In addition, in consideration of the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions recorded in the records of this case, such as the circumstances after the crime, the punishment as ordered shall be determined.

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