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(영문) 수원지방법원 안양지원 2015.11.25 2015고단1339
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for 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

On July 29, 2015, at around 23:50, the Defendant: (a) driven a Bchip and proceeded to the art park located in the jurisdiction of the Mayang-gu, Ansan-si; (b) and (c) made it difficult for the victim D (55 years old) who was stopped on the Defendant’s side while driving a Csi and parked on the side of the Defendant to drive a car; and (d) made it bad for the Defendant to drive it, the Defendant threatened the said taxi by means of threatening the victim to have the left side and right side of the taxi driving on the left side of the taxi and threatening the said taxi, or threatening the said taxi to go through a sudden broke after being overtaken.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The sentence shall be determined as shown in the Disposition, taking into consideration the following: (a) the mitigated area (4-1 year) of the mitigated area (4-month), (4-1 year) of the Criminal Act (special mitigation) (the decision on the suspended sentence), other than the person subject to special mitigation (the decision on the suspended sentence), the fact that he/she has no criminal history of punishment, and the fact

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