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(영문) 대전지방법원 서산지원 2015.11.26 2015고단676

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

On July 31, 2015, at around 20:27:30, the Defendant: (a) driven a C Twiter truck and tried to find out the normal left-hand turn at the right-hand underground passage of the victim G driving and to enter the road at the right-hand and the right-hand side without entering the two-lanes of the victim, while driving the C Twiter truck along the one-lane F National Highway in the direction of the Haan-gunan-gunan-gunan-gun.

Accordingly, the Defendant: (a) moved the victim’s vehicle into a two-lane, obstructed the course of the victim; (b) moved the victim’s one-lane and the two-lanes before the victim’s vehicle in order to prevent the change of the vehicle; and (c) moved the troke two-lanes; and (d) threatened the victim with raising the victim’s vehicle toward the first two-three-lanes by overtaking the victim into a one-lane, thereby threatening the victim to harm the victim.

Accordingly, the defendant carried dangerous cargo vehicles, which are dangerous objects, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the statement of victim to G by the police;

1. Application of blackbox CDs and field photographing statutes

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6-1-6 months) of the type 4 (Habitual Offense, Habitual Intimidation) (6-1-6 months) [decision of sentence] The defendant's vehicle moving from the future of the victim to the road on the ground that the victim had entered the road at night and the victim had entered the road at night, thereby threatening the victim by means of blocking the course of the victim, etc., and thereby causing considerable threat to the victim.