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(영문) 인천지방법원 2018.08.13 2018고단3996

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car of IG by borrowing C.

1. The Defendant used a car on February 28, 2018 at around 19:00 and driven by a victim D (5 years) who was driven by a two-lane while driving the car along the two-lanes around the 290 lane between Seo-gu Incheon Gyeyang-gu, Incheon, along a single lane on the road near the 290 lane.

E K5 si reported the change of the vehicle in the future of the defendant, and boomed, but on the ground that the damaged vehicle has changed its course from the front side of the vehicle, he saw the victim who was in the atmosphere of the signal at the front side of the vehicle, and plucked the victim's left arms to prevent it, as they can be seen as drinking.

2. Special intimidation: (a) the Defendant, at the time and place set forth in paragraph (1) at the same time and place; (b) went away from the scene of the said car; (c) was brupted by the victim before the victim’s vehicle; and (d) took a hack pipe (two meters in length) around the vehicle from the vehicle, and threatened the victim as the hacker of the damaged vehicle.

Accordingly, the defendant threatened the victim by carrying a passenger car or a pipe, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to D;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Crimes No. 1 of the Reasons for the Sentencing of Article 62-2 of the Criminal Act: (a) Crimes No. 4 (Habitual Cumulative Offense, Cumulative Offense, Special Intimidation) in the basic sphere [the scope of recommendations] [the scope of recommendations] in the area of mitigation (one month to eight months) (one month), in the area of mitigation (one month to eight months) (special mitigation) (the victim] in the area of mitigation (a person subject to special mitigation].