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(영문) 대구지방법원 상주지원 2016.04.19 2015고단580
특수협박
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2015, the Defendant: (a) as a driver of CBS vehicle, was in front of the E oil station located in D at the time of stay at around 12:30 on June 5, 2015, and the Defendant’s GF (54 tax) driver’s vehicle operating on the two-lanes of national highways 3 in a permanent room from the door-to-door room to the two-lane of the national highway is not allowing the Defendant’s vehicle to overtake and enter the Defendant’s vehicle; (b) the Defendant was threateningd with the victim by operating the vehicle on a one-time basis immediately before the collision with the back part of the Defendant’s driver’s vehicle immediately after the victim’s vehicle is overtaken.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence No. 10)

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that both crimes are recognized and reflected, the fact that one million won is deposited for the victim, and the defendant has no criminal record of the stay of execution or more);

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