(영문) 창원지방법원 2017.01.12 2016고단3803

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(영문) 창원지방법원 2017.01.12 2016고단3803

특수협박

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person engaging in driving a rocketing taxi.

On July 23, 2016, the Defendant driven the above vehicle at around 12:08, and tried to turn to the left at the two-lanes of the shooting distance from the north-west side of the Changwon-si Sodong So-dong So-dong So-called Schan So-called Scopon, the Defendant changed the Acopon line to the next three-lane line in the direction of the north-west side, and changed the victim's vehicle from the three-lane to the one-lane, and obstructed the victim's course by turning the two-lanes from the three-lane to the one-lane.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to each of the following inquiries;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is only a serious crime that may cause danger to other drivers as well as the other party, and the defendant, even though he/she had a history of causing a similar case and received a disposition of suspension of indictment on April 2016, inasmuch as he/she again committed the instant crime, it is necessary to severely punish him/her: Provided, That the defendant would not repeat the offense by breaking his/her mistake, but will not repeat the offense.

In consideration of the fact that the execution of a sentence is being suspended, the execution shall be suspended.

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

참조조문

-형법 제62조 제1항

-형법 제283조 제1항

-형법 제284조

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