logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.08.10 2017고단2173
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 12:40 on March 17, 2017, did not repair a vehicle without compensation before the entrance of the victim C (53) located in Geumcheon-gu Seoul Metropolitan Government, for the victim, who did not repair the vehicle at the seat of the D. B, the Defendant would stop against the vehicle.

The victim threatened the Defendant, as if the Defendant was placed on the cover of the Defendant’s E-si vehicle, with a dangerous object prepared in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports, investigation records, seizure records, list of seized articles, photographs of seized articles, gasoline purchase receipts, investigation reports (Analysis of video recording of CCTV in the instant field), and legal chemical appraisal reports;

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

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

1. The community service order under Article 62-2 of the Criminal Act;

1. On the ground that the reason for sentencing under Article 48(1)1 of the Criminal Act does not allow the repair of a motor vehicle without compensation, a threat was placed as to whether the door of the place of business would block the repair of the motor vehicle with a motor vehicle and dust the previously prepared insignias.

Moreover, the defendant's automobile has a risk of explosion in the event of a fire by driving a car using LPG as fuel.

In light of this, the defendant's liability for the crime of intimidation in this case is hot.

In addition, the punishment as ordered shall be determined in consideration of all the circumstances, such as the fact that the defendant had no previous conviction since 2001, the fact that the mistake is divided, the motive, means and result of the crime, and the circumstances after the crime.

arrow