(영문) 수원지방법원 평택지원 2015.07.29 2015고단891

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(영문) 수원지방법원 평택지원 2015.07.29 2015고단891

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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A defendant shall be punished by imprisonment with prison labor for up to 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

At around 11:30 on April 2, 2015, the Defendant: (a) driven a BMW car and driven the 2-lane highway near the school-based quarterly point in Incheon Nam-gu at approximately 100 kilometers from the inside side to the Incheon at about a speed of 100km along one lane; (b) did not turn on the direction, etc. of the victim C(31 years old) driving along the two-lane; and (c) tried to threaten the victim by driving the bM car in front of the victim's vehicle and avoiding the victim's vehicle, and driving the bM car in front of the victim's vehicle and obstructing the course.

Accordingly, the defendant changed the course from the first to the third lane of the above BMW car, which is a dangerous object for the defendant's driving, and then changed the course from the third to the first lane at a speed of 140km per hour, and changed the course from the third to the second lane before the victim's vehicle. The victim's vehicle operation in the front of the victim's vehicle. The victim prevents the victim's vehicle from driving his vehicle in the second lane, driving his vehicle in a low speed over the second lane, driving the defendant's vehicle at a low speed. The victim changed the course to the third lane, prevents the victim from driving his vehicle again, prevents the victim's vehicle again, change the victim's course to the third lane, and even if the victim changed to the second lane of the damaged vehicle, it threatens the victim's life or body by changing the course to the second lane.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each statement of comparison;

1. Application of Acts and subordinate statutes to a report on investigation (booms image analysis);

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. Article 62 of the Criminal Act:

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항