(영문) 청주지방법원 2020.01.16 2019고단1384

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(영문) 청주지방법원 2020.01.16 2019고단1384

특수협박

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A defendant shall be punished by imprisonment for not less than eight 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

On May 31, 2019, around 09:05, the Defendant was driving a C dump truck in front of the Heungdong-gu Seoul Metropolitan Government B apartment site, and was illegally spumped. On May 31, 2019, the Defendant deemed the victim D (the age of 64) who is a security guard at the construction site to take a cell phone to take the illegal dump sp truck with a cellular phone, and expressed the victim as “hump truck” to the victim.

Accordingly, the defendant driving a dump truck, which is a dangerous object, as if he would receive the victim, and threatened the victim.

Summary of Evidence

1. Legal statement of witness D;

1. The CCTV storage CD (the defendant was found to be the victim late in the U.S. and was fested, and the defendant did not intentionally drive a dump truck other than that of the dump truck driven driven by the defendant, but it is sufficient to recognize that the defendant intentionally proceeded with the victim in light of the direction of the dump truck fronter and the dump truck when the defendant dump truck operated in front of the victim, the direction of the dump truck and the dump truck, and the defendant's speech and behavior after he operated the dump truck. The defendant applied the law to the dump truck on the ground of partial breakdown of the steering system and the brake system.)

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. Social service order under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition in consideration of the following: (a) the burden of litigation costs is not and is not the reason for sentencing under Article 186(1) of the Criminal Procedure Act; or (b) the victim is the Defendant’s wife

참조조문

유사 판례

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