(영문) 의정부지방법원 2020.05.20 2019고단5923

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줄 간격

자간(%)

(영문) 의정부지방법원 2020.05.20 2019고단5923

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

On October 25, 2019, at around 06:10, the Defendant: (a) driven a sports cargo vehicle in the Bcoon of the two weeks; (b) driven a three-lane crossing in the direction of the sub-committee in the direction of the sub-committee; (c) tried to overtake the victim C(47 years of age) who was driven on the front three lanes in the direction of the sub-committee in the direction of the sub-section in the direction of the sub-section; and (d) tried to overtake the victim C(47 years of age) who was driven on the two-lane in the direction of the sub-section in the direction of the sub-section in the direction of the sub-section; but (d) tried to turn down the sn beam by spraying the sn beam; and (e) changed the sn beam to the one-lane while driving the bus following the bus of the victim, while interfering with the change of the lane, the Defendant sent a two-lane green signal to prevent the victim from driving the bus in front of the victim.

Accordingly, the defendant threatened the victim using a passenger car, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Each written statement of C;

1. Application of the Act and subordinate statutes on video CDs and investigation reports (CCTV video verification) at the scene of crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act ( normal conditions favorable to the defendant among the grounds for suspended sentence);

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of intimidation [Type 4] and the basic area of recommendation [the scope of recommendation and recommendation], the basic area of which there is no repeated crime, special intimidation [the person specially punished] (the scope of recommendation and recommendation], and April through June;

2. The crime of this case committed by the defendant with the decision of sentence is that of intimidation of the victim by the method of blocking and rapidly stopping the bus on the ground that the bus driven by the victim interfered with the change of the lane, and the crime of this case is not less than that of the crime and the quality of the crime;

The fact that the defendant recognizes his mistake and seriously reflects his fault exceeds a fine.

참조조문

-형법 제62조 제1항

-형법 제283조 제1항

-형법 제284조

유사 판례

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-제주지방법원 2016.12.22 2016노353