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(영문) 대구지방법원 2018.11.22 2018고단1962
특수협박
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who drives a car at a horse set at B.

On March 16, 2018, the Defendant: (a) driven the said vehicle at a point 38 km from the 17:53 lane on the Daegu-Posi Highway and driven the said vehicle at a point 38 km to the 1st tunnel (Yancheon-si), and (b) made it possible for the Defendant to take the vehicle into the front of the Defendant to take the vehicle into the front of the vehicle, and then, (c) changed the course from the first lane to the third lane of the victim to pass the vehicle into the front of the vehicle, and then changed the lane to the front of the vehicle of the victim to pass the vehicle into the first lane, and then reduced the speed of the vehicle of the victim, which is a dangerous object, and (d) threatened the victim by rapidly driving the vehicle by driving the vehicle.

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 against C;

1. A report on internal investigation (the analysis of black stuffs and images);

1. Application of the Acts and subordinate statutes on black booms, black booms and video CDs

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) of the recommended punishment (Habitual, repeated, and special intimidation) (the person subject to special sentencing) is nonexistent;

2. Circumstances disadvantageous to the determination of sentence: The instant crime was committed by the Defendant while driving on an expressway, and the nature of the relevant crime is very pleasure. Furthermore, the Defendant’s act of suddenly working in the tunnel, which is highly dangerous and actually followed by the victim’s vehicle, is faced with the accident, and is faced with the accident. A favorable circumstance that is not agreed with the victim: the Defendant recognizes and reflects the Defendant’s criminal act.

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