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(영문) 서울북부지방법원 2017.12.08 2017고단3559

특수협박등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 20:50 on July 13, 2017, the Defendant discovered that the victim C (W), the victim D (W), the victim D (W, 34 years old), and the victim E (33 years old), who had a dispute at the above apartment playground around 20:00 on the same day while driving the BMW vehicle on the road of 65 U.S. in Dongdaemun-gu, Dongdaemun-gu, Seoul, Seoul, 2006, at the same time, at around 20:0, the Defendant left the above part of the BM vehicle, which is a dangerous object, with the operation of the said BM vehicle up to the inside of the sidewalk where the victims walk, and the victim was able to escape from the above part of the vehicle, which requires the speed of operation towards the victims, and the victim's injury to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C or D;

1. E statements;

1. Medical certificates and death certificates;

1. Application of Acts and subordinate statutes to report internal investigation (the statement by a wooden phone), investigation report (specific suspect), investigation report (the hearing report by a victim C) and investigation report (the hearing report by a victim C);

1. Articles 284, 283(1) (a) (a special intimidation, choice of imprisonment), 258-2(1) and 257(1) (a) of the Criminal Act regarding the crime in question;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between special intimidations against victims);

1. Selection of imprisonment with prison labor for a crime of special intimidation;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity Mitigation is that the degree of injury to the victim C due to the instant special injury is easy, and there is no criminal history prior to the instant case against the Defendant. Meanwhile, in the instant case, the victim E was listed in the apartment playter in the process of getting out of the 3 foot lives and getting out of the stairs where the victim E was slicking.