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(영문) 대전지방법원 2015.04.29 2015고단831
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six 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 January 31, 2015, the Defendant: (a) was driving a C SP motor vehicle from the Effic-dong in Daejeon Dong-dong, Daejeon, with one-lane to the new east, and was driving along the two-lanes in the same direction, the Defendant took an attitude that the victim D (Nam, age 35) was driving along the two-lanes in the same direction; (b) was kid by the first line on the front side of the SPP motor vehicle driven by the Defendant; and (c) was kid by the said SP motor vehicle for about four minutes from that time, the Defendant was kid by raising the above SP motor vehicle for about three minutes; and (d) stopped the vehicle in the front of the CP motor vehicle, leaving the course of the victim; and (d) interfered with the said SP motor vehicle.

Accordingly, the defendant carried a motor vehicle, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (the analysis of a victim Karenscam screen image), a report on investigation (the hearing of a D phone statement) (the hearing of a petitioner) and a report on investigation (the confirmation of a vehicle black image);

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 discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Determination of types] violent crimes, intimidation crimes, types 4 (Habitual Cumulative Cumulative Crime, Special Intimidation) (Special Intimidation): Reduction factors: None of [the area of recommendation and the scope of recommendation] mitigation factors, six months of imprisonment or one year (the lowest limit of the sentencing criteria falls short of the minimum limit of the statutory applicable sentences, and the lower limit of the sentencing criteria falls short of the minimum limit of the statutory applicable sentences).

2. Although it is not good that the defendant's act of sentencing was committed, the defendant reflects the offense.

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