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(영문) 청주지방법원 2015.08.27 2015고단531
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 March 18, 2015, the Defendant: (a) 02:30 on March 18, 2015, on the ground that the victim E (the 46-year-old age) who is a taxi driver was able to get a guest in excess of the number of passengers in the vicinity of the D cafeteria located in Heak-gu Seoul Metropolitan City, Chungcheongnam-gu.

At around 02:44 on the same day, the Defendant operated a F taxi owned by the Defendant, which is a dangerous object in the Daejeon-Yong-Song metropolitan BRT route in the same Eup/Myeon, thereby cutting the victim's taxi in front of the taxi in front of the taxi and cutting it down three times, and the victim changed the lane from the two lanes to the one lane, and the victim changed the lane from the two lanes, thereby leaving the victim's taxi driving between the front and the second lanes of the taxi in front of the taxi in order to prevent the victim from driving the defendant's taxi.

Accordingly, the defendant, carrying dangerous things, threatened the victim with the above taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A report on investigation, a photographic image of a black box, a photographic image of a black box, and a report processing case list 112;

1. Application of film laws and subordinate statutes to black boxes and video CDs;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Crimes subject to the sentencing criteria, types 4 (Habitual, repeated crimes, special intimidation), and basic areas (no person subject to special punishment): From June to June 1;

2. The Defendant, who was a taxi engineer, committed the instant crime without having taken care of the victim, who had been waiting for about one hour in front of his major history while waiting for more than the seating capacity.

The so-called retaliation driving crime may not only interfere with traffic flow.

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