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(영문) 서울동부지방법원 2018.10.25 2017고단3722
특수협박
Text

A defendant shall be punished by imprisonment for four 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

The Defendant is a driver of a Party B’s car.

On July 28, 2017, the Defendant driven the said car on the 14:33rd day of Seoul Songpa-gu, and driven the three-lane road in front of the construction site of subway No. 9, which is located in the subway No. 1, in Songpa-gu Seoul, along three-lanes in the direction of the Twit distance from the distance of the Asian stem village, and driven the two-lanes and three-lanes, on the ground that the golf car driven by the injured party C (hereinafter the age of 35) going into the three-lanes, and entered the three-lanes on the ground that it interfered with the defendant's career, and put a warning, and put the victim into the warning.

As the victim's car continues to proceed in the future, the defendant threatened the victim with the victim's car close to the victim's car, and threatened the victim with the victim's car in front of the above D building by operating the vehicle at a certain level in front of the victim's car and causing the risk of the accident.

Accordingly, the defendant carried a motor vehicle, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Application of the instant data, video CD-related statute

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the observation of protection and the fact that the defendant is the primary offender is favorable to the defendant.

However, the defendant uses a dangerous vehicle, which is a dangerous object, threatening the victim, and is not good in the nature of the crime, and is also serious.

Even if viewing the data and video CDs of the case, even if the crime is easily recognized, the attitude of trial is not very good, such as denying the crime of unfortunateing and allowing the victim to attend the court.

The age, gender, and administration of the defendant.

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