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(영문) 부산지방법원 2014.04.24 2014고단1698
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
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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

1. On December 1, 2013, at around 03:50, the injured Defendant: (a) stated that the former Defendant d (40 years of age) who driven a taxi was able to turn on a higher level while driving the taxi while driving the taxi in Busan Gangseo-dong, Gangseo-gu, Busan on December 1, 2013; (b) stated that the Defendant d (40 years of age) who driven the taxi was at the seat of the Defendant’s taxi driver’s seat and went off to the Defendant “buck off a pairt”, and said, the Defendant d (40 years of age) caused the Defendant to go off the victim’s seat with the driver’s seat of the taxi driven by the Defendant; and (c) took the victim’s cab off the taxi with the victim’s driver’s seat of the taxi driving; and (d) took the victim’s buck and buck the victim’s buck for three times and 14 days of treatment by destroying it.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) and threatened the victim with gas sprayers, which are dangerous objects in his/her own vehicle, on the ground that the victim D (the age of 40) went against the victim, at the time and place specified in paragraph (1), as stated in paragraph (1). The Defendant threatened the victim with the victim, stating, “Is the victim’s right to shotly die. Is the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes of each protocol of police statement concerning D;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

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

1. The fact that discretionary mitigation has agreed with the victim under Articles 53 and 55(1)3 of the Criminal Act, the extent of damage does not seem to be significant, and the sentence of suspended execution is not sentenced under the Illegal Check Control Act; and

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