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(영문) 수원지방법원 2016.01.28 2015고단4026
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 29, 2015, at around 06:30, the Defendant used CSP car and changed the lane to four lanes from three lanes to four lanes while driving on the Young-dong Highway near the new-dong Highway located at No. 5152 route 5152, as the equipment of Yong-si, Young-si. The Defendant used the CSP car at around 06:30 on July 29, 2015. The victim D(40 years old) was on board the victim E (W, 40 years old), the Victim F (F, 12 years old).

G halog car driving and driving along the above four-lanes, and the above-mentioned saw that the car was put on a rise in play on the defendant's vehicle.

The Defendant: (a) made a sudden stop of the said SPP car that the Defendant driven by the Defendant on the ground that the victim D turns up and resisted as above; (b) changed the lane to five lanes depending on the victim’s vehicle that changed to the five lanes, and (c) made a sudden stop in front of the said vehicle; and (d) changed the vehicle to four lanes due to the victim’s change to the four lanes, and (d) changed to the four lanes, the victim changed to the four lanes in which the vehicle was damaged; and (e) then, (e) changed to the four lanes, and (e) changed to the four lanes in which the vehicle was in front of the said vehicle.

Accordingly, the defendant, carrying a dangerous article, threatened victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Investigation report (report on the details of telephone communications made to victims);

1. The screen of a vehicle driving a victim and a vehicle driving a suspect with a lock studio images screened;

1. Application of the Acts and subordinate statutes governing booms and video CDs for pet vehicles and for suspect-driving vehicles;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing in the main sentence of Article 62-2(1) of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection (the scope of recommended punishment).

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