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(영문) 서울동부지방법원 2015.08.12 2015고단1535
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

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

except that 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 May 20, 2015, the Defendant driving a B K5 car around 10:40 on May 20, 2015, and proceeding with the roads adjacent to the Macheon-dong, Macheon-dong, Macheon-si.

The driver tried to change the two lanes from the two lanes to the one lane, but the victim C(51) failed to yield while driving a rocketing taxi vehicle that was driven by the victim C(51) while driving, and led the victim to the change of the lanes by driving the vehicle adjacent to the damaged vehicle.

In addition, the Defendant continued to drive away the victim, stopped the vehicle on the front side of the course of the damaged vehicle so as to prevent the progress of the damaged vehicle, prevented the victim from taking the vehicle away from the vehicle, and said, the Defendant stated that the Defendant was “to throw away the damaged vehicle with a dangerous object loaded in the flat vehicle, alkining the victim with a view to the victim, and throw away the damaged vehicle.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The mitigated area (4 to 1 year) of the mitigated area (4 to 4 months), [Special Mitigation] of the mitigated area (4 to 1 year) of the suspended sentence (the scope of recommendation revised according to the scope of the suspended sentence] six months to one year (the lowest limit of the sentenced sentence) [the decision of the suspended sentence] of the suspended sentence, the victim does not want the punishment, and other consideration, such as the violation of the suspended sentence, the fact that the victim does not want the punishment;

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