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(영문) 서울중앙지방법원 2017.06.14 2017고단339
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 November 26, 2016, the Defendant driven DWts S500 cars at around 19:00 and tried to change the car to two lanes in the direction of a navigation beach in the direction of a navigation beach in the metropolitan city, the Busan Metropolitan City, the Busan Metropolitan City, the Busan Metropolitan City, and tried to change the car to two lanes while driving in the direction of a navigation beach. However, as F X-ray car of the injured party E (25 years old) driven along the two-lanes, which was going along the previous two-lanes, neglected it, and straighted as it is, the Defendant sawd to have the victim fright by using his own car.

For the foregoing reasons, the Defendant: (a) changed the vehicle from behind the victim’s vehicle to the third lane by driving the said vehicle, which is a dangerous object at the above time and place; (b) changed the vehicle from behind the victim’s above XE car to the third lane; and (c) attempted to change the vehicle from the victim’s above to the second lane; (d) the victim’s defect in the right-hand route as well as the victim’s defect in the right-hand route led the victim to drive the said vehicle into the first lane by pushing the victim’s above vehicle toward the port; (e) changed the vehicle from the victim’s right-hand to the port; and (e) changed the vehicle from the second lane to the second lane; and (e) changed the victim’s right-hand route to the second lane.

Accordingly, the Defendant, carrying a dangerous article bents S500 car, threatened the victim.

Summary of Evidence

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Reports on internal accidents;

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The sentencing criteria [Scope of Recommendation] The basic area (from June to one year and six months) of the basic area (the person who is subject to special sentencing) for the crimes of intimidation Nos. 4 (Habitual, Cumulative, Cumulative, and Special Intimidation).

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