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(영문) 서울북부지방법원 2016.09.08 2016고단1816
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 7, 2016, the Defendant driving a C dump truck, which is a dangerous object at around 12:18 on April 7, 2016, and proceeds along the two lanes between the four-lanes of the roads in Seoul Central-gu Seoul Metropolitan Government.

During the course of bypassing to the private home station, the victim E (the 56-year-old) who followed the course from the four-lane to the direction of his own way, and was frightened by using a balke in front of the victim's vehicle.

The Defendant, while proceeding along the first lane, changed the vehicle from the victim's vehicle in the middle of the two lanes, followed the two-lanes, followed the two-lanes, followed by the victim's vehicle, followed the above act again. When the victim's vehicle driving along the two-lanes, the victim's vehicle avoided it, followed by the two-lanes, and then the victim threatened the victim by changing the two-lanes from the rear side to the other four-lanes of the damaged vehicle and changing the speed of the two-lanes into the other one, making a rapid change of the two-lanes on three occasions in total.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. Application of Acts and subordinate statutes to a screen by cutting a black and video screen;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Where he/she threatens the driver of a motor vehicle in operation of a motor vehicle in an aggravated area (eight months to two years), which is subject to the aggravated punishment (eight months to two years), of category 4 (Special Intimidation of Habitual Offense) according to the sentencing guidelines.

3. Determination of sentence shall be made in the same manner as the order, beyond the lower limit of the recommended sentence set in the sentencing criteria, taking into account all the circumstances shown in the pleadings of this case, such as the following circumstances, the defendant's age, family relationship and tendency

The favorable circumstances:

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