logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.10.12 2016고단1673
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person driving a ecoo vehicle B.

On February 25, 2016, the driving of the said car around 23:08, while driving the said car, the area near the Southern Sea Highway located in Gyeongnam Kim-si was two-lanes among the four-lanes in the direction of Msan in Busan.

At this time, the victim C (the age of 27) driven by the same direction with the intention of threatening the damaged vehicle on the ground that the vehicle volume of the D 130 vehicle is changed from close to two lanes as the vehicle is sealed by the vehicle.

Therefore, after passing the damaged vehicle, the course of the damaged vehicle was changed rapidly to prevent the front of the damaged vehicle, thereby hindering the course of the damaged vehicle and driving it rapidly;

Accordingly, it threatened the damaged vehicle by the act of rapid 2-3 km between the two lanes, three lanes, and three lanes, such as changing the way to the lane where the damaged vehicle is driving, but continuously changing the way to the lane where the damaged vehicle is driving, obstructing the progress of the damaged vehicle, etc., and obstructing the passage of the damaged vehicle, and threatening the damaged vehicle by the act of three minutes and 18 seconds from the section of the expressway where the damaged vehicle is driving.

Accordingly, the defendant used a car, which is a dangerous object, to threaten the body of the above C, as it seems to inflict any harm on the body of the above C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to investigation reports (the analysis of video records of black boxes);

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] In the case where the mitigation area (4-1 year), mitigation area (4-1 year), punishment is not granted (including serious efforts to recover damage), or considerable partial damage is restored [decision of sentence] the following circumstances and the defendant’s age, character and behavior, family relationship, family environment, motive and means of crime, circumstances after crime, etc.

arrow