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(영문) 전주지방법원 군산지원 2016.05.04 2016고단156
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 30, 2016, the Defendant who damaged special property met with the victim B who had an internal relationship with the other party in front of the intersection of the Geum River located in the Donsan-si, Chungcheongnam-do on the 13:50 on January 30, 2016;

A woman was waiting to leave after he refused to do so.

The Defendant, while driving a Csch Rexton car, found that the victim would drive the DF car while driving the DFton car and drive it.

The defendant is driving away the vehicle of the victim, and the victim stops the vehicle by leaving the phone, but the victim continued to drive the vehicle without stopping.

Accordingly, the Defendant was placed in the front part of the Defendant’s vehicle who stopped for the signal waiting after continuing to drive the vehicle behind the victim’s vehicle. The Defendant received twice the rear part of the victim’s vehicle.

The Defendant continued to drive a vehicle in order to keep the victim frighten and avoid the Defendant, and received the right side part of the victim’s vehicle with the left side of the Defendant’s vehicle.

Accordingly, the defendant intentionally obtained a passenger car owned by the victim as a dangerous object by the defendant's car, which is a dangerous object, and damaged the victim's car so that the repair cost is equivalent to 5.9 million won.

2. 특수 협박 피고인은 위와 같이 피해자를 쫓아가던 중 위 장소 인근에 있는 E 공장 입구에서 피해 자가 차량을 정차하자, 피고 인의 차량 트렁크에 보관 중이 던 위험한 물건인 쇠파이프를 꺼 내 들고 피해자에게 “ 차량 문 내려. 빨리 내려 라. 유리문 깨기 전에 빨리 내려. ”라고 하면서 차량 유리창을 깰 듯이 위협하였다.

Accordingly, the defendant threatened the victim by carrying a pipe, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to internal investigation reports and petitions;

1. Article 369 of the Criminal Act applicable to the crime and Article 369 of the choice of punishment.

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