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(영문) 인천지방법원 2016.11.24 2016고단6512
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 11, 2016, at around 15:57, the Defendant was driving on the part of the Incheon B-Tol in the part of the cargo dedicated to the Incheon Gyeyang-gu Incheon Seo-gu, the Defendant, on the ground that the victim B (ma, 42 years old) followed up the string of the victim’s vehicle, brought the string from the vehicle, followed by the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2016, and acted as follows.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B written statements;

1. Report on investigation (any case involving deadly weapons);

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The basic area (six months to one year and six months) of the sentencing criteria (no person specially punished) for the crimes of intimidation (Scope of recommending punishment).

2. The crime of this case, which was determined to be sentenced, refers to the Defendant’s intimidation with the victim, who is a deadly weapon with the victim during driving. The risk and possibility of criticism are significant, the Defendant did not reach an agreement with the victim, the Defendant’s primary offender, and the Defendant’s age, occupation, character and conduct, environment, the circumstances and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., shall be determined in full view of all the sentencing conditions indicated in the record.

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