(영문) 대구지방법원 2016.01.26 2015고단5386

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(영문) 대구지방법원 2016.01.26 2015고단5386

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 1, 2015, the Defendant: (a) was a person engaged in driving EXE vehicles owned by YEN companies; (b) driven the above EXE vehicles on September 1, 2015; (c) proceeded in the direction of the Pakistan Hospital along the one lane near the large distance in the new-dong-dong, Daegu; (d) attempted to change the lane into the two lanes; (c) however, the Defendant tried to change the lane to the two lanes; (d) the victim D (38 years old), who proceeded with the two lanes of the two lanes by driving the C rocketing other vehicles, did not yield the course of the victim D (38 years old).

Therefore, the defendant, while driving one lane, rapidly changed the two lanes into the two lanes, and he gets rapidly operated in front of the victim's operation.

As a result, the defendant, who is a dangerous object, threatened the victim by the method of suddenly stopping in front of the vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the photographic Acts and subordinate statutes to a course of committing a crime;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of conversion of KRW 100,000 per day) to detention in a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Act (a postponed punishment: a fine of two million won) of the suspended sentence is against the defendant’s act seriously, and the degree of threat to the victim was not limited. The victim does not want to be punished and the victim does not have any past record of criminal punishment to choose the suspended sentence by taking into account the circumstances, etc., and the decision to choose the suspended sentence is made by taking into account the defendant’s age, sex, family environment, motive and method of the crime, circumstances after the crime, etc., and all the conditions of sentencing are considered.

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