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(영문) 서울남부지방법원 2015.07.23 2015고단2325
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 3, 2015, at around 09:18, the Defendant was driving the Western Coast Highway near the Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu Modern Office with a black string vehicle, and was driving in the direction of Geumcheon in the first quarter of the day.

The Defendant attempted to leave the two lanes in two lanes, but on the ground that the D bargaining vehicles driven by the victim C (year 36) interfered with the entry of the victim C, sent the victim's vehicle to the side of the two lanes. On the other hand, the Defendant: (a) entered the victim's vehicle in the future and intentionally walked, and (b) changed the course of the victim's vehicle to the one lane, and (c) obstructed the victim's course for four minutes from the 2.7km section, such as changing the course of the victim's vehicle to the one lane, changing the course to the one lane, making a sudden stop, and threatening the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Operational section of a happy driving vehicle);

1. Application of Acts and subordinate statutes by cutting down a black box image of a damaged vehicle;

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 [Scope of Recommendation] The case where a driver of a motor vehicle in operation is threatened (type 1) with an aggravated area (type 8 to 2) (type 8 to 3) of the Act on the Suspension of Execution [Special Intimidation] [Determination of Sentence 1] The reason for the instant crime and the degree of damage, etc., although the liability for the crime is not easy in light of the background leading to the instant crime, the degree of damage, etc., the fact that the criminal defendant is recognized and reflects the crime, the fact that there is no criminal power except that the criminal defendant has been punished once by a fine due to this type of crime, and all other conditions of sentencing including the age, character and behavior, environment, and circumstances after the

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