(영문) 춘천지방법원 2020.05.20 2019고단1214

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(영문) 춘천지방법원 2020.05.20 2019고단1214

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 October 16, 2019, around 19:46, the Defendant was driving a two-lane road in front of the Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-do, in one way, from a Licheon-si to Chuncheon-si, the Defendant operated a two-lane-si car from the Licheon-si to the Licheon-si. However, while the Defendant was driving the Yacheon-si to the Licheon-si, the Defendant’s intention to request the victim to yield the course for driving the DF car, the victim’s disregarded and continued driving the two-lane, but after the victim changed the course into the two-lane, the victim changed the course to the two-lane, and the victim changed the course to the two-lane, followed the Defendant, and the victim left the two-lane to the right side.

Then, the defendant got back to the two-lane and proceeded ahead of the suspect's vehicle without turning directions, etc., followed by sudden operation, and threatened the victim by hindering the course of the victim two times and causing the risk of the accident.

After all, the defendant threatened the victim by using a car, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs related to the case;

1. Application of the Acts and subordinate statutes governing black booms and video CDs for damaged vehicles;

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;

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

1. Where he/she threatens the driver of a motor vehicle in operation of a motor vehicle in the aggravated area (six months to two years), which is a subject of the aggravated punishment (six months to two years), according to the sentencing guidelines (the scope of recommendation);

2. The Defendant: (a) while driving a motor vehicle, and the victim did not yield the course of driving the motor vehicle, carried out so-called “unclaimed driving” in two consecutive ways; and (b) such crime may not only interfere with general traffic.

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