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(영문) 청주지방법원 2015.04.30 2014고단1840
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

1. On November 24, 2014, the Defendant in violation of the Punishment of Violence, etc. Act (collective intimidation, deadly weapons, etc.) threatened the victim E (the 53 years old) who observed the mode of driving a Drosp car in the vicinity of the above Crospam landing point in the Cheongju-si Office B with drinking at around November 24, 2014, after hearing the victim E (the 53 years old) who observed the above Crospon vehicle in the state of drinking, that “droscopic to drive it,” and the Defendant threatened the victim with the knick (the 12 cm length of the frospam) which is an object dangerous at the between the Trosp car and the left hand.

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

2. On November 24, 2014, the Defendant violated the Road Traffic Act (Refusal of the measurement of drinking), at the G District of the Cheongju Police Station located in F in the Cheongju-si, Cheongju-si, and was under investigation of suspicion as referred to in paragraph (1) and paragraph (1), and was demanded by E to respond to the measurement of drinking by inserting approximately 30 minutes from H in the situation where the G District in which he heard the statement that the Defendant was driven under the influence of drinking.

Nevertheless, the Defendant refused to put the whole breath in a drinking measuring instrument, etc., and failed to comply with the breath measurement by police officers without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Investigation record of seizure;

1. Application of Acts and subordinate statutes to each photograph, reports on the state of his/her oral statement;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Violences, Article 283 (1) of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the Road Traffic Act concerning a crime;

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

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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