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(영문) 전주지방법원 정읍지원 2018.04.10 2017고단488
특수협박등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

1. On September 23, 2017, the Defendant driven a Category II cargo vehicle under the influence of alcohol content of about 0.165% in the section of about 1km from the 1km to the flown farm near the reservoir located in the same side, a flown-ro 161-ray, a flown-ro, a flown-ro, a flown-ro, a flown-ro, a flown-ro, a flown-ro, a flown-ro, a flown-do.

2. In around September 23, 2017, the Defendant of special intimidation: (a) on and around the 21:25, 2017, at the farm road near the 2000 U.S. reservoir, while driving the said cargo under the influence of alcohol, and receiving the victim’s E-Spool car while driving the said cargo under the influence of alcohol; and (b) during the process of traffic accident with the victim F, the Defendant gets off gasoline, which is a dangerous object that was loaded on the said cargo without any particular reason, while having her f

J. G, two or more wifes of the victim D, having been on the front glass and Bods of the said passenger car, leaving the Rabs in the next week.

The victims were threatened by trying to attach a fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A traffic accident report and an investigation report;

1. Application of the photographic Acts and subordinate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 284 and 283 (1) of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a special crime of intimidation between special intimidation and a victim D with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with the punishment imposed on a special intimidation heavier than any punishment: Provided, That the lower limit of concurrent crimes with the punishment determined for a violation of Road Traffic Act shall apply thereto) of the Criminal Act aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Application of the sentencing criteria;

(a) Class IV (Habitual, repeated, and special intimidation) of the Special Intimidation (Scope of Recommendation).

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