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(영문) 의정부지방법원 2016.12.14 2016고단4795
특수협박
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who drives a K5-car.

On August 2, 2016, at around 02:15, the Defendant was trying to park on the right edge of the road by moving back the side road in the direction of the D cafeteria located in Dong-gu, Yacheon-si, without any classification of the lanes in front of the D cafeteria, in the direction of the parallel. On the back, the Defendant saw the victim F (V, 36 years of age) who driven a ENS car in the right side of the road. On the ground that the F (V, 36 years of age) driven the ENS car in the right side of the road.

The Defendant driven the above K5 vehicle, which is a dangerous object, and obstructed the front side of the No.S. vehicle at the office of education located in the Dongbcheon-si, to turn to the left at the right edge, and continuously passed the No.S. car on the two-lane road at the right edge while driving the No.S. car on the two-lane road at the right edge while driving the No.S. car at the right edge while driving the No.S. car at the right edge, the Defendant threatened the victim by operating the No.S. car at the right edge in the next order.

The Defendant continued to drive the NAS car at the H-cafeteria parking lot located in the Dongbcheon-si, G, and brought the NAS car out of the K5-si and brought the NAS car out of the NAS car to the NAS car, and brought the NAS car out of the NAS car to the NAS car. The Defendant brought the NAS car out of the NAS car through several times.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Application of Acts and subordinate statutes to the video and voice of CDs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, Etc. (the scope of legally applicable sentences) shall be seven years or less (the decision of type) of violent crimes.

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