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(영문) 부산지방법원 동부지원 2017.11.15 2017고단1984
특수협박등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2017, the Defendant: (a) driven a car into BWS halog habol on a two-lane between four-lanes in front of D factories in Ulsan-gu, Ulsan-gu; (b) the F bus driven in three-lanes in the same direction by the victim E (V, South, age 47) entered the two-lanes to prevent the course; and (c) obstructed the passage of the said bus, which is a dangerous object in front of the said bus stop for traffic signals, cut off to a car into a car, the front and rear, and turned into the two-lanes in front of the said bus; (d) the said bus entered the first lane to the one-lane; and (e) the front part of the said F bus, which is a dangerous object, changed into the one-lane road.

As a result, the Defendant carried dangerous things and threatened the victim with heavy weather as if he would inflict harm on the life and body of the victim E, and damaged the bus owned by E to the extent of KRW 176,000 for repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol with respect to E;

1. Video CDs;

1. Application of the written estimate statutes;

1. Relevant Articles 284, 283(1) (special intimidation), 369(1), and 366 of the Criminal Act concerning facts constituting an offense, the selection of a sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant was faced with his bus to commit a crime, and the degree of damage is not severe);

1. The community service order under Article 62-2 of the Criminal Act;

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