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(영문) 의정부지방법원 2018.12.19 2018고단4551

특수협박

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person driving a bents car.

On April 8, 2018, the Defendant driven the above car at around 10:42, and proceeded at a speed of 100 km per hour, depending on the ec.g., Sungnam-si, Seoul, the Mannam-si, the Mannam-si, the Mannam-si, the Mannam-si, the Mannam-si, the Man

At this time, the victim C is driving a D-A-car driving in the same room behind the defendant's body, and the defendant was crypted by sounding the defendant's name, and the victim was crypted.

Accordingly, the Defendant reduced and threatened the speed of the benz passenger car, which is a dangerous object, and the victim changed the vehicle to the two lanes, and then proceeded with the Defendant's vehicle into the first lane after driving the vehicle, the Defendant overtakened the victim from the first lane to the third lane, followed by the rapid change of the vehicle from the third lane, thereby hindering the victim's course and threatening the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on investigation (investigation of black stuffs) and a photograph by capturing a black stuff image;

1. Application of Acts and subordinate statutes to the register of tea and driver's licenses;

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (applicable without sentencing guidelines by selecting a penalty) of the Criminal Procedure Act to the Defendant’s crime of this case is that the Defendant driving a threat to the victim by means of reducing speed on the ground that he was scambling, etc., and the risk of such danger, etc. is not exceptionally applied in light of such risk, etc.

However, the fact that the defendant recognizes his mistake and reflects the defendant, there is no record of criminal punishment exceeding the fine, and the defendant's age, sex, environment, and motive for the crime.