(영문) 인천지방법원 2015.10.28 2015고단4782

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(영문) 인천지방법원 2015.10.28 2015고단4782

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 13:28, 2015, the Defendant driven CC C CCCB car and proceeded along the three-lane roads near the land area as the captain of Busan-gun, the Defendant, along the three-lanes of the road near the land area.

At the time, the victim D(ma, 39 years old) was driving Efranchis from the defendant's vehicle to drive the motor vehicle in the same direction as the two-lanes.

In the meantime, the defendant was rapidly changed from the three lanes to the two lanes, and the victim was avoided and proceeded with the first lane, and the defendant began to drive a retaliation against the victim.

The defendant, who proceeds from a single lane, rapidly in the future, and continued to pass along the three lanes, threatened the victim with a sudden stop in front of the victim.

Accordingly, the defendant threatened the victim with a passenger car, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the part concerning the statement written in D);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photograph a motor vehicle boom image;

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 100,000 won into one day);

1. The reason for the suspended sentence of Article 59(1) of the Criminal Act (hereinafter “the suspended sentence”) is that the Defendant and the victim drive a vehicle threatening each other on the road. According to the evidence examined, there is no difference in the nature of the crime of the act of the Defendant and the victim, and the victim was suspended indictment on the grounds of the suspicion of threatening the Defendant on the same date and at the same place.

The defendant recognizes and seriously reflects the crime, and has any record of punishment.

참조조문

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