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(영문) 서울북부지방법원 2017.01.25 2016고단4537
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

At around 06:40 on September 10, 2016, the Defendant: (a) while driving the Defendant-owned Dtrax XG vehicle in Seongbuk-gu Seoul Metropolitan Government, the Victim F ( South, 54 years old) who drives the E rocketing taxi was cherbly changed to the Defendant; (b) the victim’s taxi going behind about 10 meters, entering the Seongbuk-gu Dong-gu Seoul Metropolitan Government Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, changed the course from the two lanes to the one lane; and (c) the Defendant, who was going ahead, changed the two lanes from the two lanes to the one lane without operating the direction, etc. immediately after the collision, caused the victim to suffer damage to the two lanes immediately before the collision.

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 prosecution and the police with respect to F;

1. Photographss by cutting a taxi boxe image images;

1. Application of the Act and subordinate statutes as a result of the reproduction of taxi records 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 suspended execution;

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

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

2. 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 (any person who habitually commits a repeated crime, special intimidation) (one year and six months) (any person who is subject to special sentencing).

3. The fact that there is no record of punishment exceeding a fine to be sentenced, and that the victim and the abusive language exchange with each other to commit the instant crime is more likely to cause the instant crime.

On the other hand, the defendant's behavior is a very dangerous act that may cause harm to human life due to a large accident. Nevertheless, the defendant tried to yield the course to the victim by the investigative agency and decided to find the location of the drama.

It is possible to sufficiently avoid a taxi driver who has been able to drive as one of the most difficult behaviors in this court.

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