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(영문) 의정부지방법원 고양지원 2016.10.21 2016고단2384
특수협박
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 10, 2013, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Suwon District Court, and on April 28, 2014, the Seoul Southern District Court terminated the execution of the sentence.

On January 25, 2015, the Defendant, at the same time, was under a second freedom, to turn back the direction of QVS car in the vicinity of the Manic City, which was in operation of QVS car in the vicinity of the Manic City, and was under a second line from the second line to the first line. The Defendant was under a provision to change the first line from the second line to the second line, and repeated turn back from the victim who operated RM5 car in the later side of the first line.

Accordingly, the Defendant: (a) went through the victim’s resistance; (b) went behind the victim’s vehicle behind a part of the victim; (c) proceeded in the front of the victim’s vehicle; and (d) threatened the victim with the damaged vehicle by repeating the speed of the vehicle; (b) opened the driver’s seat window while driving the vehicle on the side line of the damaged vehicle; and (c) threatened the victim with the dangerous object by driving the vehicle at the vehicle onto the victim’s vehicle by driving the vehicle on the side of the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of S;

1. Photographs of damaged images;

1. Previous records: Criminal records, inquiry reports by individuals, current status of confinement by individuals, and application of Acts and subordinate statutes to criminal records, etc.;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 14 years;

2. Application of the sentencing criteria;

(a) Determination of types: Violence crimes, intimidation crimes, and Types IV (Special Intimidation);

(b) A special breeder: No person;

(c) Scope of recommendations: Basic area, six months to one year, six months; and

3. Determination of sentence: The defendant in four months of imprisonment has repeatedly raised the body of the defendant by the indication that the defendant raised the body of the defendant's sudden change of his vehicle line, thereby cutting ahead of the sentence, cutting down the body of the defendant, cutting down the drinking water, etc.

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