(영문) 서울중앙지방법원 2018.11.28 2017고단6664

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(영문) 서울중앙지방법원 2018.11.28 2017고단6664

특수협박

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A defendant shall be punished by imprisonment for six 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

Around 00:47 March 17, 2017, the Defendant: (a) driven a rental vehicle B, and was driving in the vicinity of the Han River basin in the Olympic Winter in Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, the Defendant: (b) threatened the victim on the ground that the victim C (39 years old) driven a car that combines the Korean Olympic Road into the Olympic Road in the direction of the Dongjak-gu, Dongjak-gu, Seoul; (c) led the victim on the ground that the victim c (39 years old) was kid in the front of the Defendant’s vehicle; (d) caused a minor drilling accident by moving the damaged vehicle into a one-lane; and (d) caused the victim on the one-lane road, which is an exclusive road for a motor vehicle, and (d) caused the victim on the one-lane basis, “If he/she gets a driver to drive the motor vehicle, he/she is able to do so, and then he/she is able to do so.”

Accordingly, the defendant carried a motor vehicle, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against C;

1. Application of the photographic Acts and subordinate statutes by cutting down a black stuff image;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the scope of recommending punishment] and the basic area (from April to June) of the sentencing criteria (the person who is subject to special sentencing) (the person who is subject to special sentencing)

2. Determination of sentence shall be made in consideration of the risk of the instant crime, the criminal records of the accused, etc.;

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