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(영문) 전주지방법원 2014.10.07 2014고단1253
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

On April 15, 2014, the defendant around 23:30 on the 23:30th day of Jeju, while driving other vehicles and trial expenses on the front side of the D Elementary School located in C, the victim F, who passed the place by driving the Med E-3 vehicle, was able to pass ahead of the G SP car of the defendant.

Therefore, the Defendant, by driving the above SP car, stopped the victim by preventing the victim from driving the car in front of the passenger car, and said, “I am off from the vehicle. I am off the vehicle” to the victim who is lowered from the vehicle.

Since then, the defendant got out of the "H" located in the Eup where the victim sustained 10 km away from the victim's car due to the victim's driver's car, and the defendant gets out of the victim's car, and the defendant gets out of the driver's car so that the defendant she stopped in front of the victim's car, and the defendant gets out of the vehicle, which is a dangerous object located in the victim's car gate, 3.5 centimeters in diameter, and 1 meters in length, and she went out to the victim.

As a result, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Protocol of seizure, list and photographs attached thereto of the police;

1. Each investigation report and evidential materials attached thereto;

1. Application of Acts and subordinate statutes to replys to each occasion of the enemy;

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. Suspension of execution under Article 62 (1) of the Criminal Act (The circumstances favorable to the defendant, such as the fact that the defendant has committed the crime in this case while making a confession, and that the defendant wishes to have the wife of the defendant by agreement with the victim)

1. Social service order under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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