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(영문) 청주지방법원 2018.07.26 2018고단589
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2018, around 08:15, the Defendant: (a) driven a dump truck on the three-lane road in front of the tunnel in the Cpump mountain in order to ensure that the Defendant was able to take a retaliation against the Defendant’s vehicle driving by the victim C (39 years of age) driving along the two-lane, while driving a dump truck at the front of the Defendant’s vehicle.

Accordingly, the Defendant repeatedly followed the border, raised, etc. at several times, and followed the two lanes prior to the same time of the same time on the road of the same time in the same time, where the two-lanes are running along the three-lanes. When the victim's vehicle changes from the three-lane to the one-lane, the Defendant also changed the lane of the victim's vehicle to the one-lane, thereby threatening the victim as if he would inflict bodily harm on the victim's body by blocking the lane in the future of the victim's vehicle.

Accordingly, the defendant carried dangerous goods and threatened the victim with the above cargo vehicles.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (verification of black stay images);

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

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. The sentencing criteria [Scope of the recommended punishment] Class 4 (Habitual, Cumulative, Cumulative, Special Intimidation) in the area of aggravation (8 months to 2 years) (a person subject to special aggravated punishment) (a person subject to special aggravated punishment] in the area of intimidation;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

This case is a bad crime that the defendant uses a dump truck operated by himself/herself to drive a dump truck on the other vehicle.

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