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(영문) 수원지방법원 평택지원 2015.03.26 2014고단1355
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 27, 2014, at around 09:25, the Defendant threatened the above victim E (the age of 67) who is a parking manager, by taking away a wood inspection ( approximately approximately 78 cm in length) which is a dangerous object inside the string line of the Defendant’s driving car from the victim D (n, 38 years of age) who was driving a car in the opposite part while driving the car on the alleyway of the Pyeongtaek-si Building, and by taking it back to the string line of the Defendant’s driving car, and making it difficult for the Defendant to take the string to the string line of the vehicle, and threatening the victim E (the age of 67) who is a parking manager to take the said string line to the said E to take the vehicle off to the Defendant, and threatened the said E with the said string line to the effect that “the victim E (the f7 years of age is a pulse and puled.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. The defendant's statement on the six-time trial date in court;

1. Each protocol of examination of the witness to D and E;

1. Application of vehicle black boxes CDs video 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The scope of recommendations for sentencing sentencing of Article 62-2 of the Social Service Order Act: Taking into account all circumstances, such as the aggravation of multiple offenses (two to one year and six months) in the basic field of intimidation and the circumstances agreed with some victims, etc.

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