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(영문) 부산지방법원 2015.12.24 2015고단7428
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten 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 September 25, 2015, the Defendant driven a B dump truck on December 12:50, and tried to change the two-lane to another two-lane in the direction of the speed from the shooting distance to the direction of the Sin-dong of the Gi-dong of the Busan Metropolitan City, while driving a road of the four-lane in front of the Gi-dong of the Gi-dong of the Busan Metropolitan City along the one-lane in the direction of the Sin-dong. However, as the victim C (the age of 45) who was driving at the time was driving at the two-lane, it was impossible to change the two-lane into the two-lane on the wind that the victim C(the age of 45) drives without lowering the speed, while driving the vehicle behind the victim's vehicle, driving the vehicle by putting the light, raising the headlight, etc. along the two-lane, and driving the vehicle near the Defendant's one-lane as the victim would have passed by changing the one-lane.

Accordingly, the defendant, using the dump truck, which is a dangerous object, has expressed the attitude that the defendant seems to inflict harm on the life and body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes for report on internal affairs (Attachment of Blue Images);

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [Article 62-4 of the Criminal Act / [Article 62-2 of the Criminal Act / [Article 62 of the Criminal Act / [Article 62 of the Criminal Act / Sentence 4 (Habitual Offense, Habitual Intimidation, Special Intimidation] (Article 8 to 2 of the Act

However, the crime of this case is a contingent crime due to the erroneous traffic culture of the defendant and the victim, the social relationship is clear, and his mistake is divided in depth and reflect, and the punishment like the order shall be sentenced in consideration of all circumstances.

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