(영문) 수원지방법원 2017.03.23 2016고단7732

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(영문) 수원지방법원 2017.03.23 2016고단7732

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

On November 13, 2016, the Defendant operated a road in front of the reputation church for the right to instigate the right at Suwon-si, Suwon-si, Suwon-si, with B Benz 45AMG car, and continued to pass the direction of the passage from the upstream of the Sejong-dong.

At this time, the Defendant: (a) had the low-speed car driven by the victim C(35) was trying to change the vehicle line in the Defendant’s passenger car future; (b) had the victim operated the vehicle in front of the damaged for three minutes on a sudden basis; and (c) had another approach to the vehicle of the damaged person, as near as the damaged person would face the vehicle behind the said vehicle.

Accordingly, the defendant threatened the victim with the above Benz 45AMG car, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to verify CCTV images;

1. Relevant legal provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation) and the selection of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the Criminal Act / [the scope of punishment] is that there is no basic area (six months to one year and six months) (the period of habitual repeated crime, special intimidation) / [the decision of sentencing] in light of the method and content of the instant crime / [the decision of sentencing] the nature of the crime is not good in light of the method and content of the instant crime. The risk of the crime is significant; the defendant can have the power to be punished for the same crime; the defendant is unable to agree with the victim; and there is no effort to recover damage.

However, the punishment as ordered shall be determined by taking into account the following factors such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

참조조문

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