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(영문) 의정부지방법원 2016.11.30 2016고합382

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:09 on June 11, 2016, the Defendant, while driving a CK7 car and driving a three-lane of the new 47 national highway in Jinyang-si, Jin-Eup, Jin-si, in the old city, from the Jin-si area to the Jin-Eup area in the old city, carried a sudden change and sudden stop of the victim's vehicle in the future, and operated the victim's vehicle in close vicinity to the victim's vehicle while driving the vehicle, and threatened the victim with the victim's high character, and threatened the victim with a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the video CD-related Acts and subordinate statutes to a report on retaliation driving, a tea inquiry, or a reporter;

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

1. Article 62(1) of the Criminal Act (including the following reasons for sentencing, taking into account the conditions of sentencing under Article 51 of the Criminal Act);

1. The Defendant’s crime of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. was committed on the ground that the Defendant, while driving a car on the national highway, was in high speed, by making the so-called “confidented driving”, such as cutting the victim’s vehicle in front of the vehicle, driving the vehicle, driving the vehicle close close to the scene where the victim would receive, and taking a desire for the victim. As such, such crime was committed, it seems that there is considerable possibility of causing danger to the victim’s life or body as a traffic accident, and thereby, it seems that the victim’s life or body might have been threatened. Accordingly, the Defendant continued to take a retaliation without being taken on one occasion as a retaliation driving, and eventually, the Defendant stopped the victim’s vehicle, and eventually, said crime is considerably poor in light of the motive, method, degree of damage, and risk of the crime.

b) the Commission;