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(영문) 인천지방법원 2020.05.14 2020고단1000
특수협박
Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On January 8, 2020, the Defendant was sentenced to a suspended sentence of two years in the Incheon District Court on August 8, 202, and the judgment was finalized on the 16th of the same month.

【Criminal Facts】

At around 09:50 on January 6, 2020, the Defendant was driving a CWz car owned by the Defendant in front of the Yeonsu-gu Incheon Metropolitan City, on the ground that the victim D (W, 31 years old), driving by the E-Agu Driving of the Defendant, who was in front of the Defendant, was in front of the cross-section and was in front of the cross-section, operated rapidly after passing the two-lane of the damaged vehicle, which is dangerous object, changing the course in the future of the damaged vehicle, and operated rapidly after changing the course of the damaged vehicle. When the victim changed the course to the three-lane course of the damaged vehicle, the victim changed the course to the three-lane course of the damaged vehicle, and operated the vehicle rapidly after changing the course to the one-lane course of the damaged vehicle, and prevented the driving of the damaged vehicle for about one minute.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The smart citizen information system, the tea network, etc.;

1. Before judgment: References to criminal records, references to criminal records, previous records of disposition, reports on the results of confirmation, and application of Acts and subordinate statutes to investigation reports (verification of cases pending in judgment);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, and the scope of intimidation [Type 4], the basic area where there is no repeated crime, special intimidation (special sponsor] (the scope of recommendation and recommendation], and the basic area where there is no punishment (the scope of recommendation and recommendation), and April through June.

3. Determination of sentence: Imprisonment with prison labor for six months, one year of suspended execution is against the recognition of the crime of this case;

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