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(영문) 서울중앙지방법원 2018.07.12 2018고정208

특수협박등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle in his/her own Eststy Eststy Ethy Habrid as his/her duties.

1. A special intimidation: (a) on April 12, 2017, the Defendant driven the said vehicle, driving the G pharmacy in front of the G pharmacy located in Jongno-gu Seoul, Jongno-gu, Seoul at a speed of not being able to know three-lanes of the three-lanes in the direction of the said cemetery from the same bank; (b) the IK 3 vehicle driving in the direction of the victim H (26 tax) was under the influence of the vehicle in front of the said three-lane, on the ground that it was obvious that the accident occurred in the course of entering the right runway and entering the said three-lane, after driving the said vehicle at the same speed as the vehicle of the victim; (c) on the two-lane, the Defendant intentionally aggravated the vehicle in front of the damaged vehicle and brought the vehicle in close vicinity to the damaged vehicle driving along the three-lane, thereby threatening the damaged vehicle in front, threatening the damaged vehicle in front of the vehicle in front.

Accordingly, the defendant threatened the victim by using the above car, which is a dangerous object.

2. The Defendant damaged the property by stopping the victim’s vehicle at the same time and place as the foregoing at the time and place as the preceding paragraph, and then destroying the victim’s 588,39 won repair cost by launching an even number of the victim’s IK3 vehicle.

Summary of Evidence

1. Legal statement of the witness H;

1. Investigation report (Submission of written estimate to the victim);

1. Receipt of retaliation reports;

1. The driver's license ledger (A, H);

1. Application of the Acts and subordinate statutes to video CDs on the surface of retaliation, retaliation, and damage to a new R traffic information;

1. Relevant Article 284 of the Criminal Act, the choice of punishment for the crime, Article 284 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines, respectively;

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

1. Judgment on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act