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(영문) 의정부지방법원 2016.10.28 2016고단2878
특수협박
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around 16:40 on May 31, 2016, the Defendant: (a) found the Defendant’s vehicle using a ice rink vehicle (vehicle number: B) in front of 50-lane 16:40, in front of a dry apartment, which is a dangerous object, and entered the runway to a runway, and then was driven by the victim C (35 years of age) who was traveling from the runway to the runway; (b) deducted the Defendant’s vehicle from the Defendant’s vehicle to the victim; (c) taken the Defendant’s vehicle to the victim by right; and (d) taken the victim’s desire to take the vehicle to the victim; and (d) the Defendant, knowing that the victim would wish, taken the vehicle into consideration, was able to stop the victim’s vehicle using the ice rink, which is a dangerous object, and installed the vehicle in front of the victim’s vehicle at approximately 1km, and then obstructed the victim’s vehicle in front of the vehicle; and (d) opened the vehicle to the victim’s speed, and then cut the vehicle to the victim’s speed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on internal investigation (verification of black stay images);

1. Police seizure records;

1. Mandatory insurance and credit service;

1. Application of the Acts and subordinate statutes to cut booms, video photographs and photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] of the suspended sentence under Article 62(1) of the Criminal Act: (a) the mitigated area (4 to 1 year) of the mitigated area (4 to 1 year) (a person who has been specially mitigated) (a decision of sentencing] of the crime of this case; (b) the Defendant’s crime of this case is a so-called “voluntary driving,” thereby threatening the victim; and (c) the Defendant appears to have caused considerable threat; and (d) the Defendant was punished for the same kind of crime.

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