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(영문) 서울남부지방법원 2018.06.15 2017고단5950
특수협박등
Text

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

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) on August 1, 2017, the Defendant driven DMW car and tried to change the vehicle’s high-priced vehicular road along the two-lanes located in Dongjak-gu Seoul Metropolitan Government along the two-lanes of the two-lanes; (b) however, the Defendant: (c) attempted to change the damaged vehicle to the one-lane in the course; (d) but (e) attempted not to cause harm to the victim E(51) taxi to yield; (e) followed the damaged vehicle; and (e) followed the damaged vehicle into the left side of the damaged vehicle, which is dangerous object in the access road to the airport direction as at the Olympic Games, and followed it by changing the damaged vehicle to the two-lanes.

Accordingly, the defendant threatened the victim by using dangerous things.

2. The Defendant damaged special property at the above date, at the above place, the Defendant’s vehicle operated by the Defendant, which is a dangerous object, threatened the victim’s E-cab, thereby threateninging the victim’s vehicle to avoid this, making the victim take the front of the taxi in front of the right side of the taxi and the rear wheels knicked on the right side of the taxi in order to avoid this. It was approximately KRW 583,220 of the repair cost, such

Accordingly, the defendant damaged the victim's property by using dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement on the occurrence of a traffic accident;

1. A report on internal investigation (the telephone conversation with taxi passengers);

1. A written diagnosis of E;

1. Written estimate of the damaged vehicle;

1. Results of the reproduction of a CD for F damaged vehicle booms images;

1. A damaged vehicle photograph;

1. Application of the Acts and subordinate statutes governing the image of F damaged vehicle booms;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (special intimidation, choice of imprisonment), 369(1), and 366 of the Criminal Act (the point of destroying special property and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) 1 offence (damage) (Scope of a recommended sentence).

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