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(영문) 서울동부지방법원 2017.05.17 2016고단4203
특수협박
Text

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

The Defendant, at around 05:30 on July 19, 2016, driven a motor vehicle with low speed in accordance with the adjustment of the Gyeonggi-doHanam-si, Chungcheongnam-do, a flown vehicle in the middle parallel of the victim D (32) in the two-lanes in the same direction while driving a motor vehicle with three-lanes in the right direction in the middle of the road in the right direction in the middle of the road in the middle of the vehicle in the middle of the vehicle in the middle of the five-lanes, followed the above cargo to the middle of the vehicle in the middle of the vehicle in the middle of the vehicle in the middle of the vehicle in the middle of the vehicle in the middle of the vehicle in the middle of the vehicle in the speed of Gap, driving the motor vehicle in the middle of the damaged vehicle in the middle of the vehicle in the middle of the four-lanes, leaving the vehicle in the future to change the course of the vehicle in the middle of the vehicle in the right direction, thereby causing damage to the vehicle in the operation.

The F driver's G cargo vehicles, I cargo vehicles of H driving, and K cargo vehicles of J driving were operated rapidly.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Blucs and video data CDs (10308, 103055);

1. Each police statement made to F, J, D, and H [Defendant and defense counsel shall claim the defects of the vehicle and deny the intent of intimidation;

According to the evidence duly examined by the defendant, it is acknowledged that the victim D's D's cargo vehicle, as stated in the facts of the crime in the judgment of the defendant, has changed in the future to the defendant's driver's vehicle, making it late at a rapid speed in the future of the cargo vehicle that operated the three-lanes of the B's Highway, and making it late at a rapid speed, and immediately after the cargo vehicle, which has changed to the four-lane course, stops again again in the future to a four-lane, and makes a threat to the victim, it can be acknowledged that the victim's D's cargo vehicle is normally driven at a normal speed.

The defendant may fully recognize his intention of intimidation at the time.

In this case.

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