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(영문) 수원지방법원 성남지원 2016.06.10 2016고단795
특수협박
Text

A defendant shall be punished by imprisonment for 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

On February 20, 2016, the Defendant driven a low-speed car with B, around 19:20 on February 20, 2016, and was driving a white-distance intersection at the branch of the branch of the branch of the church in the city of the Gyeonggi-gu, the Defendant threatened the victim in a way that the victim C (V, 33 years old) would interfere with the victim’s course for about 20 minutes by blocking the passage of the victim while driving the D cruise car at the center of the branch of the branch of the city.

Accordingly, the defendant carried the above low-priced car, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police for C and E;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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. On the grounds of the protection and observation and the sentencing of Article 62-2 of the Social Service Order Act, the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, shall be equally considered and the sentence like the order shall be determined.

D. Unfavorable circumstances: The nature of the crime may be mitigated in that retaliation, such as this case, may cause a serious danger to the life and body of the latter or pedestrians as well as the latter driver and passengers of the other vehicle.

The defendant has a lot of records of punishment for the same crime (including once a suspended sentence). The defendant did not agree with the victim.

The time of retaliation operation of the instant case is not shorter.

The favorable circumstances: The defendant divided the crime of this case, and reflects it.

The occurrence of accidents, such as the occurrence of accidents, occurs frequently.

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