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(영문) 대전지방법원 공주지원 2020.06.19 2020고단190

특수협박

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:00 to 17:30 on April 12, 2020, the Defendant was under the influence of alcohol on the farm road in the city of official zone B, while driving C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

The Defendant left the front seat of the Defendant, on the ground that the victim did not get off his vehicle, and then taken a neck ( approximately 95 cm in length), which is a dangerous object located on the back seat of the Defendant’s vehicle, into the open cresh of the driver’s seat of the victim’s vehicle, and then tried to take the victim out of the vehicle into the front seat, and then, the victim saw the victim out of the vehicle into the front seat, but the victim saw the victim’s hand, and failed to tightly tightly, she is in close relation to the government, and may blick up without her seat.” The Defendant saw, “I am a gun on the front seat of the Defendant’s vehicle, and there is no problem with the death of the victim.” However, the Defendant saw the victim as the victim’s gun model that the police was defective by the Defendant’s vehicle string.”

Accordingly, the defendant, carrying dangerous things, and threatened the victim with a shot model for non-shotol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to field photographs and CDs (recording files for the submission of victims);

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one month to seven years;

2. The scope of recommendations according to the sentencing guidelines [the scope of recommendations] [the category 4] no repeated crime and special intimidation [the area of recommendations and the scope of recommendations].