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(영문) 의정부지방법원 2016.11.02 2016고단1852

특수협박

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 8, 2016, around 14:55, the Defendant: (a) operated the national highway No. 1283, 1283, Gyeongyang-si, Gyeongyang-si, the two lanes, and changed the lane to one lane; (b) on the ground that the victim C (the age of 42) did not yield any concession, C (the age of 42) did not change the lane to two lanes, the Defendant threatened the victim by moving the lane to one lane; and (c) threatened the victim by driving the vehicle at low speed in front of the victim’s cargo at a rapid speed; and (d) threatened the victim to prevent the damaged vehicle from proceeding at a speed.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Legal statement of the defendant C by the defendant's partial statement;

1. The defendant asserted that he did not have any intention to threaten the victim with his own vehicle, and according to the above evidence, the defendant continued to close close to the victim's vehicle which does not yield a lane, when the victim's vehicle was changed to a two-lane, when the victim's vehicle was overtaken by using a one-lane, then the victim's vehicle was changed to a two-lane, and then the victim's vehicle was driven at a speed reduction, and the victim stated that he was suffering from considerable fear by the above act of the defendant. In light of the above, it is sufficiently recognized that the defendant had an intention to threaten the victim with his own vehicle at least at least, and there was an intention to threaten the victim with his own vehicle).

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the facts of the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant.