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(영문) 춘천지방법원 강릉지원 2018.12.21 2018고단1103
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 18, 2018, the Defendant filed an appeal after being sentenced to a suspended sentence of two years in August of the imprisonment without prison labor due to the heat of explosive substances in the course of business in the Gangnam branch court of the Chuncheon District Court, and is still pending in the appellate trial.

The defendant is a person who works as a gas delivery agent B.

On August 17, 2018, the Defendant intended to exchange the victim company’s gas supply to the above FF company with compressed oxygen, LPG, and carbon dioxide supply by mistake from the F company, which is the customer of the Defendant company prior to the time, to exchange the victim company with the victim company, and return the victim company’s gas supply to the victim, but the victim did not meet the number of damage. However, the Defendant attempted to return the victim company’s gas supply to the victim after exchanging the victim company’s gas supply by mistake from the F company, which is the customer of the Defendant company prior to the time.

While refusing to return, the victim has caused a dispute with the victim, and the victim started the cargo vehicle, which is a dangerous object, even though he/she has verified the gas source in loading the gas delivery freight of the defendant, and the victim has threatened the victim by rapidly driving the cargo vehicle at about 50 meters, even though he/she gets involved in the threat, and driving the vehicle at a rapid rate of 50 meters even though he/she gets involved in several sounds.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation report (Attachment to CCTV images at the scene of the crime and a copy of the 112 report processing table ); - photographs of the CCTV images to capture and a copy of each 112 report processing table);

1. Application of Acts and subordinate statutes to investigation reports (a separate appellate court's confirmation while continuing an appellate trial);

1. Article 284 and Article 283 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

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

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