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(영문) 대구지방법원 2016.01.07 2015고단5699

특수협박

Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On August 1, 2015, the Defendant, at around 03:50, driven a road in front of the Samdong-gu Daegu Jung-gu, Daegu, Daegu, and stopped in order to make a right-hand turn into the air of the 119 Safety Center 119 Safety Center. On August 1, 2015, the Defendant followed the E-tax driven by the victim D (59) who followed the vehicle.

Defendant 1, on the ground that he got a light as above, was traveling along the two-lanes by the victim’s vehicle, while driving the vehicle at the two-lanes by the victim’s vehicle, and followed the barc in front of the victim’s vehicle in the first lane.

The defendant continued to drive in a three-lane and continued to drive in a two-lane, and the victim was cut in front of the victim's vehicle, and the victim was changed to a one-lane, and the victim changed to a one-lane.

The Defendant, as above, threatened the victim by using the above Lone Star Co., Ltd., which is a dangerous object to the roads front of the Daegu department store located in the Jung-gu, Daegu-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. The reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract the workhouses does not apply the sentencing guidelines by selecting a punishment (whether or not the sentencing guidelines are applied). [Determination of sentence] The Defendant, on the road, threatened the victim by interfering with his/her course by cutting the victim's vehicle in front with the vehicle of the victim on the road. As such, the risk may lead to a big accident, thereby high.

However, in order for the defendant to make a right-hand way after the passage of a straight-wing vehicle, even though it was inevitable to stop on the access road, the injured party has continuously promoted the passage by leaving the warning for the defendant, and there is no additional damage.