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(영문) 인천지방법원 2018.04.05 2018고단574

협박

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 09:40 on December 11, 2017, the Defendant: (a) took a warning while driving a car around the south-gu Incheon Metropolitan City, Han-ro 444 school-based 2 Dong community service center near the Dong community service center, and (b) Dap car driven by the victim B (nick, 27 years old) was moving to the Defendant’s driving direction on the alley road; (c) made the victim’s body lest the passenger car was moving to the Defendant’s driving direction on the alley road; and (d) made the victim’s flag, she puts the victim’s flag, she puts the victim’s flag, “The end of this year, is the width driver’s retaliation,” and continued to put the victim into the passenger’s car troke and sound, and made a threat to the victim’s injury by forcing the victim to put his hand in his son due to the difference of the victim’s windows.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

1. 【The grounds for sentencing under Article 62(1) of the Criminal Act 【The scope of the recommended sentence】 The scope of the mitigated sentence [Article 62(1) of the Criminal Act - [Article 62(1) : The victim also bears certain responsibility for the occurrence of a crime, and the victim’s specific responsibility for the occurrence of the crime is suitable for treatment within society in consideration of the degree of mitigation and reflectivity of the mitigated sentence.

The punishment for four months shall be determined by imprisonment within the scope of the recommended punishment, but the execution thereof shall be suspended for a period of one year.