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(영문) 서울남부지방법원 2016.08.16 2016고단2879
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal record] On December 18, 2015, the Defendant was issued a summary order of KRW 3 million by the Eastern District Court on the grounds of special intimidation, etc. and was punished six times for violent crimes.

[Criminal facts] The Defendant is a person engaging in driving of CPoter Cargo Vehicles.

On February 27, 2016, around 19:46, the Defendant driven the above gambling road prior to the point of the Asan Hospital in Songpa-gu Seoul Olympic Games, and proceeded to the area of the Asan Hospital at the seat of the Kimpo Airport. On the ground that the vehicle was kid in the front of the vehicle driven by the victim D due to the gambing of the vehicle, and that the said D was raised to the Defendant by the display of the above gambling vehicle.

The Defendant, while driving in front of D, putting the vehicle fast on three occasions, putting the vehicle out of the window of driver's seat, putting the vehicle in a walk, and then rapidly changed the course to the way that D intends to change the lane to the right-hand side, and brought a dangerous object to the victim's family members (including the denial of D and two children) by driving D and D.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report (traffic accident report 2), a report on internal investigation (including the process of receipt and the commencement of internal investigation), a report on investigation (whether there is a suspicion of special intimidation or not) and a photograph and guide by cutting a black stuff, a reporter's stuff;

1. Before ruling: Application of a reply to inquiries, such as criminal history, investigation report (Attachment to previous rulings) and statutes;

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the victim D who is the most serious crime).

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