logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.03.22 2016고단5536
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

On November 14, 2016, around 19:10 on the same day as Nowon-gu in Seoul Special Metropolitan City, the Defendant tried to change the course to two lanes while driving a C cab along the three-lanes on the front of the department store, but it was turned out on the ground that the victim E (26 years) who driven a D SP car on the two-lane did not ring and yield the border.

Therefore, for the signal waiting, the Defendant set up a taxi in front of the foregoing vehicle driven by the victim who is parked in the taxi and brought the victim to the taxi, but the victim was neglected and departed from it. The Defendant driven the taxi, which is a dangerous object, rapidly changed the course in the future of the above vehicle driven by the victim by driving the taxi, and was fluently driven by interfering with the course of the vehicle by driving the taxi at hand in the front.

Accordingly, the defendant threatened the victim by using a taxi, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (report on viewing of black boxes and video images);

1. Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is reduced (4 months to 1 year), reduced area (4 months to 1 year), the punishment is not (including serious efforts to recover damage), or considerable damage is recovered.

3. The Defendant, as a taxi driver, shall drive the instant vehicle with the awareness of the risk of an occupational traffic accident by driving the vehicle at night on the ground that the instant crime was committed with the victim due to minor reasons, and the intimidation using the said vehicle is a very dangerous act that may lead to a big accident, and the Defendant, as a taxi driver, shall drive the vehicle safely with the awareness of the risk of an occupational traffic accident.

arrow