beta
(영문) 창원지방법원 밀양지원 2016.05.12 2016고단5

특수협박

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

On September 26, 2015, the Defendant: (a) driven freight B, which is a dangerous object at around 17:10 on September 26, 2015; (b) was driving at a distance of about 10 km from IC, and was driving at a distance of about 10 km from the mid-to long-sea Highway located in the Eup, and was driving at around 10 km from IC; (c) on the ground that the victim C driven a vehicle prior to the said direction, but did not turn off, while the victim C drivened a light, the Defendant threatened the victim by changing the vehicle line for about five minutes after he was overtaken the said vehicle; (d) changing the vehicle line in the direction of the victim; and (e) taking a dangerous method to prevent the victim from driving the vehicle, and by carrying the dangerous goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering the observation of protection and the reason for sentencing under Article 62-2 of the Social Service Order Act, the fact that the crime of this case is not very good and that the victim did not agree with the victim, strict punishment against the defendant is necessary.

However, the defendant's mistake is divided, the defendant does not have a previous conviction for the same offense, the defendant is also sentenced to the suspension of the execution of imprisonment with prison labor, protection observation and community service order along with the suspension of the execution of imprisonment, and the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered in consideration of the sentencing conditions as shown in the arguments of this case.