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(영문) 의정부지방법원 2017.01.31 2016고단4537
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

The defendant is a person who is engaged in driving a truck (vehicle number: C) with a tonnage of 3.5 tons.

On September 18, 2016, when the Defendant entered a two-lane road in Yangju-si D, the Defendant: (a) found that the victim F (hereinafter referred to as “E”) who was rapidly traveling the vehicle due to the entry of the Defendant’s vehicle into the road of the vehicle was wrong to take a view of the victim F (hereinafter referred to as “Ah, 40 years of age”) to have expressed his/her desire; (b) the victim was obstructed by interfering with the course of the victim’s vehicle and driving the vehicle into the same as the victim’s vehicle for the purpose of responding to it; and (c) the victim was forced to take the vehicle above the victim’s vehicle and stopped in front of the said victim’s vehicle and was normally going beyond the median line, and expressed his/her attitude to threaten the victim’s life and body by making the victim continue the vehicle beyond the median line.

Accordingly, the defendant threatened the victim using the truck vehicle, which is a dangerous article.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on occurrence (special intimidation) and a report on internal investigation;

1. Making teas;

1. Application of the Acts and subordinate statutes to photographs of vehicles taken by victims;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] The fourth-type crime (Habitual, repeated, and special intimidation) [Article 62-2] is not subject to punishment [Article 62-2 of the Criminal Act] [Article 62-2] [Article 62-2] [Article 62-2 of the Order to Attend the Republic of Korea] [Article 62-1] [Article 6 of the Punishment of Intimidation] [Special Mitigation] [Article 4-1] The Defendant committed the so-called “din operation” on

However, there is no record that the defendant led to the confession and reflect of the crime of this case, and there is no record of punishment for the crime of violence between about 20 years, and the victim.

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