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(영문) 전주지방법원 2017.11.21 2017고단826
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 13, 2017, the Defendant filed an application with the Prosecutor for changes in the indictment with respect to the date and time of the crime on the first trial date, and this Court permitted the application.

C A while driving a vehicle with a vehicle in K5, while proceeding in the vicinity of Daejeon Island, the victim D(40) driven by the two-lanes to overtake the victim and immediately after the change of the vehicle to the first one in close vicinity, while driving the vehicle in parallel with the victim, while driving the vehicle in parallel with the other two-lanes and driving the vehicle in parallel with the other two-lanes to the victim.

Accordingly, the defendant threatened the victim by carrying the above car, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

1. Application of CD-related Acts and subordinate statutes

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of recommended punishment [the types of decisions] in accordance with the sentencing guidelines and the basic area that has no type 4 (Habitual, Cumulative, and Special Intimidation) [the scope of recommended punishment] [the scope of recommended punishment] [the scope of recommended punishment] from six months to one year and six months.

3. The fact that the defendant, who was sentenced, recognized the criminal facts of this case, is favorable to the defendant.

However, in this case, while the defendant is driving on an expressway, the victim's vehicle does not change the course from one lane.

I think, the so-called "dive driving" or "convened driving" that is close to or closely sealed by the vehicle, is an expressway and its place is not high at the time, thereby passing through the site.

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