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(영문) 대전지방법원 2018.03.29 2017고단4701

특수협박

Text

A defendant shall be punished by imprisonment for 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

On September 15:16, 2017, the Defendant driven a B Poter freight vehicle around the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, and proceeded along one lane from the lower side of the 3-lane road in front of the Samcheon elementary school located in Seo-gu, Seo-gu, Daejeon to the lower side of the 3-lane Park. On September 4, 201, the Defendant did not turn on the direction direction for D golf car driving driven by the victim C (32 years old) who driven along the two-lane, but was willing to take a retaliation against the Defendant’s vehicle.

Accordingly, the Defendant, along with the victim's vehicle behind the vehicle of the victim, is overtaking the victim's vehicle on the front of the F station located in Seo-gu Daejeon, Seo-gu, Daejeon, and was driving a retaliation that threatens the victim by reporting that the victim's vehicle is followed by the victim's vehicle at the higher level in the middle of the Seo-gu, Seo-gu, Daejeon, and that the left-hand turn to the left-hand distance at the lower level.

In this respect, the defendant carried a dangerous object, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes governing the CDs of the victim and the reporter’s submission;

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. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Course is that not only the victim but also the driver of the following vehicle may cause any danger to the life and body of the driver of the following vehicle, and the crime is not minor, the agreement with the victim is not reached, but also the defendant is against the nature of the defendant and the sentencing factors under Article 51 of the Criminal Act shall be determined by comprehensively taking account of the sentencing factors.