(영문) 인천지방법원 2018.04.05 2017고단8871

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자간(%)

(영문) 인천지방법원 2018.04.05 2017고단8871

특수협박

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant also is a Crolling stock driver.

On October 17:20 on October 10, 2017, the Defendant, in Seo-gu Incheon Metropolitan City, was driving a three-lane access road to the airport Highway Office of the airport in front of D Farmwon, along with one-lane from the airport to Seoul airside, from the airport to one-lane in Seoul. On October 10, 2017, the Defendant tried to congested the victim on the ground that the victim E (29) driving a car is able to pass the car even after her own car, while driving the said car even after her own car and try to pass the car.

At the same time and place as above, the Defendant: (a) changed the course from the first lane to the second lane; (b) changed the course to the second lane; (c) changed the direction of the Defendant to the third lane; (d) changed the direction of the victim to the first lane; (e) prevented the victim from leaving the same speed to the first lane; (e) rapid stop in the future of the victim’s vehicle in the second lane; and (e) threatened the victim by rapid stop; and (e) continuously changed the vehicle from the second lane to the third lane; and (e) sent the victim with a signal that stop, but the victim stopped again; (e) changed the vehicle from the second lane to the second lane; and (e) the victim stopped again from the third lane to the third lane; and (e) the victim changed the vehicle from the second lane to the third lane to the near intersection from the end of the road to the rapid change from the end of the vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to cover the video data of the damaged vehicle booms;

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. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

참조조문

-형법 제62조 제1항

-형법 제283조 제1항

-형법 제284조

유사 판례

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-전주지방법원 군산지원 2016.07.20 2016고정245

-청주지방법원 2016.04.05 2015고단2196

-대구지방법원 2018.01.12 2017노4578