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(영문) 서울서부지방법원 2013.07.17 2013고단1097
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around May 12, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (collective intimidation of deadly weapons, etc.), threatened the victim by misunderstanding that the victim was seated in the old and the old and the old, leading the victim to a red control room within the former 3326 vehicle of 3 lines 3, and 60 years of age in the former dong of Seodaemun-gu Seoul, Seodaemun-gu, Seoul around May 21, 2013 (21: 37 m in total).

2. The Defendant interfered with the operation of the Defendant by force, as seen in the above paragraph (1), citing the improvement by threatening B, and preventing the operation of the electric vehicles of 3 lines 3326 operated by the victim C for about 3 minutes and 50 seconds, thereby obstructing the operation of the electric vehicles by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning B and C;

1. Written statements of D;

1. Application of seizure records and photographs and photographs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (1) of the Criminal Act; Article 314 (1) of the Criminal Act (Selection of Imprisonment) of the same Act;

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code, even though the defendant was sentenced to suspended sentence for the same kind of crime in 2009, and again came to commit the crime in this case. However, in light of the risk of the means of the crime, the nature of the crime is minor in light of the risk of the crime. However, the defendant appears to have committed an accident by drinking, reflects his mistake in depth, and the victim does not incur serious damage, and is decided as ordered in light of the defendant's age, career, family environment, degree of reflection, etc.

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