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(영문) 서울중앙지방법원 2015.10.16 2015고단5243
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for four 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

1. A special intimidation: (a) around 08:20 on June 11, 2015, the Defendant was driving a BMWki vehicle, and was driving the BMWki vehicle into the Gyeongcheon-do and the CMW vehicle at the jurisdiction of Seoul at the jurisdiction of the Gyeongcheon-gu and the CMW vehicle at the jurisdiction of Seoul, resulting in a sudden change between the victim D (30 years of age) who drives the CAW vehicle and the vehicle. On three occasions, the Defendant passed the damaged vehicle over three times, followed the damaged vehicle by suddenly operating the operation of the brake system, thereby getting the victim avoid collision.

The Defendant carried the said BMWnki vehicle, which is a dangerous object, and threatened the victim as if he would inflict any harm on the victim’s life and body.

2. Around 09:00 on June 11, 2015, the Defendant spited the victim by spiting the victim’s face due to the inspit in which the window of the damaged vehicle was open.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning the F;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning facts constituting an offense, Articles 284 and 283 (1) of the Criminal Act (a point of threat to carry dangerous articles), Article 260 (1) of the Criminal Act (a point of violence) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (the suspension of execution of sentence shall be imposed in consideration of the fact that there is no particular criminal history, other than the fact that the defendant was sentenced to a fine before 13 years, and other conditions of sentencing, such as the age, character and conduct, home environment, motive and method of the crime, circumstances after the crime);

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