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(영문) 인천지방법원 2016.04.14 2016고단175
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

The Defendant is a person who operates B rocketing vehicles.

On October 25, 2015, at around 15:00, the Defendant threatened the victim C’s DEE-ray vehicle, which was operating under normal operation in front of his own vehicle on the front of the Yeonsu-gu Incheon Cheongnam Elementary School, Yeonsu-gu, 465, in light of the upward, etc., on the ground that the vehicle under normal operation in front of his own vehicle, turns out due to the well-being of the front vehicle at the edge of the common-use underground vehicular road, and the Defendant followed the direction of the driver’s seat of the damaged vehicle by moving the damaged vehicle into the intersection, leaving the intersection, and leaving the intersection into the two-lane, and facing the direction of the driver’s seat of the damaged vehicle.

The Defendant carried a dangerous object B rocketing vehicle, and threatened the victim by using it.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to photographs by cutting a damaged vehicle photograph or a black stuff image screen;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. In light of the circumstances, such as the fact that a victim seems to have suffered considerable mental suffering due to the defendant's crime for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the victim was not agreed with the victim in relation to intimidation, the fact that the first investigative agency attempted to delete the situation by a defense that could not be able to understand, etc., the fact that the current mistake is repented and contradictory, the fact that there is no criminal record exceeding a fine, etc. shall be considered as favorable circumstances, and the punishment as ordered shall be determined by taking into account the defendant's age, sex, environment, motive and circumstance of the crime, and all the other factors of sentencing such as the defendant'

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