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(영문) 의정부지방법원 2017.02.14 2017고단151

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight 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 drives a coo vehicle (vehicle number: B) in the possession of the defendant's mother.

On October 29, 2016, the Defendant: (a) driven the above vehicle at around 09:45, and tried to change the course into three lanes in the direction of Han River in the north intersection of Yongsan-gu Seoul, Yongsan-gu, by driving the said vehicle at around 09:45, and driving the said vehicle along the two-lanes in the direction of Han River in the direction of Han River between the north intersection of Yongsan-gu, Seoul. However, the Defendant tried to change the course of the said vehicle at the same time as the victim D (49 years old) who driven the said three-lane, and tried not to give this concession; (b) returned to the victim's vehicle after the vehicle, and returned to the right side of the victim, and then returned to the vehicle at the same time, the Defendant, which is a dangerous object in the way of interfering with the course, led to an attitude that may threaten the life and body of the victim by using the coos.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on investigation ( change of contents of crime);

1. The ledger of reports on smart information, each chassis, and driver's licenses of each motor vehicle;

1. Application of the Acts and subordinate statutes on black stuffs, booms and video CDs

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 Code of the Order to Provide community service and attend lecture [the scope of recommended punishment] No person who does not have the basic area (6 months to one year and six months) (special sentencing person) [the sentence] [the defendant has committed the so-called "disadvantageous driving" on the road, and the defendant has caused considerable danger to the victim, and the defendant has already been punished for violence-related crimes and has not received a letter or a smooth agreement from the injured party, it is necessary to strictly punish the defendant.

However, the defendant confessions the crime of this case.