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(영문) 서울남부지방법원 2019.09.25 2019고단1193
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 14:00 on January 11, 2019, the Defendant driven a B Tue, and driven a road near the 327 new road from the Seoul Young-gu, Seoul, to the new road to the new road along the two-lanes. On the other hand, the Defendant avoided the car of the victim D driver at a rapid speed from three lanes, followed the car of the Defendant to the right side, opened a window with the victim and made a dispute with the victim.

The defendant, at the rapid speed of the victim's driver's car, has changed the lane rapidly to the left side of the victim's driver's car, and was engaged in retaliationing driving threatening the victim as it causes an accident by reducing the speed of the victim's car.

In this respect, the defendant carried a dangerous object, and threatened the victim.

Summary of Evidence

1. Statement of the witness D;

1. Application of the Acts and subordinate statutes governing the victim's black boxes and video CDs;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, and the scope of intimidation [Type 4], the basic area where there is no repeated crime, special intimidation (special sponsor] (the scope of recommendation and recommendation], and the basic area of punishment, four months to one year and six months.

3. Determination of sentence: A defendant is not subject to the punishment for the crime of this case in that he/she again commits the crime of this case despite his/her past record of punishment due to a climatic act.

The above circumstances and the details of the instant crime, the Defendant’s age, character and conduct, environment, criminal records, and circumstances after the crime, etc., shall be determined as ordered in consideration of the overall circumstances regarding the sentencing prescribed in Article 51 of the Criminal Act.

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