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(영문) 인천지방법원 2016.03.24 2015고단7620
특수협박
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:40 on October 17, 2015, the Defendant: (a) tried to leave the Olympic Park Scam in the Southern-gu Incheon Metropolitan City, Seo-gu, Incheon, into three-lanes of the D Hospital’s shooting distance from the c hospital to the four-lanes of the D hospital; (b) however, on the ground that the victim E (60) driving car did not turn on the road, the Defendant sawd the victim’s car into two-lanes in front of the victim’s car.

Accordingly, the defendant threatened the victim by using a car to threaten the dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. The fact that the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act was not recovered under unfavorable circumstances, the fact that the defendant recognized the crime and reflects the defendant, and that the degree of threat is not much serious in light of the speed of driving, change of the vehicle line, and the mode of rapid stop at the time of committing the crime, etc., shall be considered as favorable circumstances, and the punishment is determined as ordered by taking into account the various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., as shown in the records and arguments

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