beta
(영문) 창원지방법원 2018.04.18 2017고단3825

특수협박

Text

A defendant shall be punished by imprisonment for four 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 July 5, 2017, the Defendant driven a victim D (n, 28 years of age) who proceeded in the front bank while driving CM car along a one-lane from the window to the Kimhae-do in the Changwon-dong, the Changwon-dong on July 18:10, 2017.

The E-learning car, on the ground that it is carried out without any particular reason, failed to go through, and immediately after the failure of the Changwon tunnel, is overtaking the victim's vehicle by using two lanes immediately after the rapid change of the lane in the future of the victim's vehicle, and then suddenly operated the E-learning car, which is a dangerous object, at a rapid rate of the damaged person's vehicle, and then stopping the Defendant's vehicle at the first lane to turn on the damaged person's height, and then the victim is able to take the desire, such as "two years."

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act (Punishment of imprisonment);

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

1. Persons subject to special sentencing on the sentencing guidelines between April and June of one year and June of two years from June to June of the base of the mitigation of types of punishment under Article 62-2(1) of the Criminal Act: Imprisonment with prison labor for a sentence of eight months: Imprisonment with prison labor for a period of four months and suspension of execution, two years for a period of two years for a period of two years, for a period of two years: Confession, for a period of two years for a period of two years for a suspension of execution, and for a period of twenty-four hours for a suspension of driving: Confession, for a reason of reduction of punishment, such as confession, punishment not for a person subject to punishment, and no record of force, etc.;