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(영문) 울산지방법원 2015.06.25 2015고단481
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 13:40 on December 9, 2014, the Defendant operated the IBK Enterprise Bank prior to the IBK Enterprise Bank located in the U.S. 775 U.S., Ulsan-gu defense cycle, and at No. 104, the Defendant: (a) caused the change of vehicle vehicle to be driven by EM3 vehicles and time cars in the victim D (59 years old) due to the change of vehicle, and (b) caused the victim to stop in front of the bus, and (c) caused the vehicle to be driven by the means of stopping in front of the said vehicle, using the bus in front of the said vehicle, which is dangerous things, and (d) threatened the victim by stopping in front of the said vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. The application of six Acts and subordinate statutes to investigation reports, booms video photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The mitigated area (4 to 1 year) of the mitigated area (4 to 4 months) of the crime (special mitigation) of the suspended sentence (decision of sentence] of the crime of this case is that the defendant operated the bus to which the victim was placed under guard due to a change in the vehicle line with the victim while driving the crime of this case and made intimidation as if the defendant would compromise with the victim by using the bus to which the driver was placed under guard, and the nature of the crime is not weak.

However, there are circumstances that may be considered in the motive and circumstances of the crime of this case, such as the fact that the victim agreed with the victim, the victim's sudden stop in front of the bus due to the change of the bus line, and the fact that it resulted in the crime of this case, etc., and the defendant has no record of crime above the suspension of execution, and the defendant has no record of crime above the suspension of execution, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing factors in the arguments, such as the circumstances favorable to the defendant

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