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(영문) 대구지방법원 2017.06.15 2017고단2269
특수협박등
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

The Defendant is a person who is engaged in driving freight B in a liquid freight vehicle.

On November 4, 2016, 15:20 around 15:20, the Defendant, along the two-lanes, proceeded at an insular speed along the two-lanes from the right edge to the right edge of the road.

On the ground that D 5 tons of freight driven by the victim C (36 cc) who is running along three lanes of the above three lanes, the Defendant 1 driven the Defendant’s cargo vehicle in the future, and caused the Defendant to threaten the Plaintiff by driving the said liquid cargo vehicle, which is a dangerous object, and 100 meters at a distance of 100 meters, and expressed the victim’s desire while driving the vehicle. While driving the vehicle at a distance of about 200 meters from the above driving distance, the Defendant 200 meters away from the above driving distance, the Defendant 1’s truck loaded the cargo vehicle after the Defendant 1’s driver’s seat, thereby threateninging the victim by taking part of the Defendant’s cargo vehicle, and destroying the victim’s 582,789 won, such as the repair cost, etc.

Accordingly, the defendant carried dangerous things, thereby damaging the cargo ties owned by the victim, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Ma2 vehicle photographs, estimates;

1. Application of Acts and subordinate statutes to report on investigation (verification of black stay images and vehicle number);

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (a) and 369(1) and 366 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to threaten the victim by driving a liquid cargo vehicle, which is a dangerous object, and to threaten the victim, and to damage the victim's cargo vehicle by receiving the cargo from the victim, and the nature of the crime is inferior in light of the criminal law, and the damage is to be recovered.

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