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(영문) 대구지방법원 김천지원 2014.04.16 2013고단1698
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

On October 25, 2013, at around 19:42, 19:42, the Defendant sent signals by raising the head of the Gu, and operates a vehicle ahead of the victim's vehicle, on the ground that the victim D (the age of 30) who is proceeding while running a Cro body vehicle at a point 2 km away from the central highway name stop line (Scheon) at the Gacheon-gun, the front line of which is located in the Gacheon-gu, Gacheon-gun, the Defendant is driving the vehicle ahead of the victim's vehicle.

As the victim's vehicle may face another vehicle near the victim's vehicle, the vehicle shall be parked rapidly, and the victim who has play his/her vehicle shall be in an rapid manner and the vehicle shall be operated at the front of the vehicle.

또 급정거를 하고 차량 운전석 문을 열고 내리려는 시늉을 하다

In other words, the vehicle is proceeding along the two-lanes, and the vehicle of the victim is operated at a speed more than that of the victim in the first lane by changing the vehicle from the two-lanes, at the latest later speed than that of the victim.

In the absence of direction lights for the victim's own three times, the act of leaving the front part of the victim's vehicle immediately was repeated, and thereby threatening the victim by using the above log car, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (with respect to attachment of black stuffs images, confirmation of black stuffs) statute shall apply;

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. Mitigation of deaf-mutes: Articles 11 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of the type] violent crime: Habitual, repeated crime, special intimidation [Special Convicted Persons] - Reduction element: Agriculture (the scope of decision and recommendation in the recommended area] mitigation range, April-1 year [whether suspended sentence is suspended or not] - Main illegal reasons: When committing a crime by carrying a deadly weapon or other dangerous articles.

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