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(영문) 인천지방법원 2017.01.25 2016고단8053
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 September 28, 2016, at around 16:00, the Defendant driven a B Bpoter vehicle, and threatened the victim with three times at the time of the change in the Done Star Engine and the damaged vehicle, which the victim C (S) drive on the front of the south-gu Incheon Southern-ro and the high-priced combined road. In the process of the change in the vehicle, the Defendant overtakened the damaged vehicle, and prevented the damaged vehicle from driving the Defendant vehicle, and then threatened the victim with the mast (60cm in length), which is a dangerous object that was loaded in the loading of the Defendant vehicle at the Defendant vehicle.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes governing black stuffs and images;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order (the type of determination) [the scope of punishment] of the type 4 (Habitual, repeated crime, special intimidation] (the scope of recommendation] of the basic area, six months to one year and six months (the decision of sentence] of the Defendant’s act on the road, is likely to cause a heavy traffic accident and impede traffic, and may have caused damage to the victim, such as causing serious injury to the victim during the course of driving the vehicle on the road, and thus, the nature of the crime and the crime cannot be easily deemed to have been committed.

However, the defendant, while the cause of the crime of this case was caused by the victim, showed the attitude to criticize the victim in this court, and it seems that the perception of the crime of this case is weak.

Therefore, by punishing the defendant with severe punishment, it is necessary to prevent recidivism after the defendant's death and to raise awareness of the risk of crime.

However, there was no direct injury to the victim due to the crime of this case, and the defendant is the defendant.

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