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(영문) 서울서부지방법원 2017.12.13 2017고단2389
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. A special intimidation: (a) on August 4, 2017, the Defendant driven CDama car around 11:30, and proceeded to turn to the left the left one lane from the Stetra on the front side of the Eunpyeong-gu Seoul Metropolitan Government, along with one-lane of the police station located in the Western in the front side of the road in North Korea; (b) when the victim E (62) who driven at the front side of the right-hand taxi passes the vehicle to the left at the second lane on the right-hand side; (c) immediately changed the vehicle to the front side of the said taxi, and caused a threat of collision with the victim at around 1:34 of the same day, at around 11:6 km of the day, the Defendant viewed that the victim’s life or body may conflict with the victim, as indicated in the annexed crime list, with the vehicle at around 1.6 km of the H station located in Eunpyeong-gu Seoul Metropolitan Government.

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

2. Around 11:40 on August 4, 2017, the Defendant assaulted the victim E (62) who reported 112 on the roads adjacent to H oil stations located in Eunpyeong-gu Seoul Metropolitan Government, and the victim E (62) who reported 112 on paragraph 1, prevented the Defendant from moving in front of the said multi-use car, thereby putting the victim’s arms onto his hand, cutting down the victim’s arms, pushed down the victim’s chest part on both arms, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (the search and seizure of black boom cards and the analysis of black stuffs);

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime, and each of the choice 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 suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act is the crime committed by the defendant with the intention of retaliation against the victim driving the vehicle.

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