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(영문) 대구지방법원 2017.05.18 2016고단6013

특수협박등

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 dump truck driver.

On November 5, 2016, the Defendant operated a dump truck at around 08:20, and entered the road along the access road to the exclusive road (section 2 lanes) located in the territory of the Daegu Northern-gu, Daegu, and attempted to leave the road by a dump truck that was driven on the first line of the exclusive road for motor vehicles.

Although the defendant saw the dump truck, the above dump truck was put to the front of the dump truck.

I think, I think that the victim is frightening, without proceeding the road for the exclusive use of a motor vehicle that enters the bank, without proceeding with the vehicle's speed, and went out of the entrance road according to the above dump truck, and followed about 800 meters by using the above dump truck, which is a dangerous object, at the speed of about 60 km at the speed, and threatened the victim with the above dump truck by continuing the above dump truck to the right side of the road.

Accordingly, the defendant threatened the victim by using dump trucks, which are dangerous objects.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the CDA-1 statute

1. Relevant legal provisions concerning criminal facts, Articles 284 and 283 (1) of the Criminal Act that choose a sentence, and the choice of a fine (see, e.g., Supreme Court Decision 284, Jan. 1, 2001; Supreme Court Decision 2006Da14

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On Nov. 5, 2016, the Defendant: (a) 08:30 on Nov. 5, 2016, the Defendant: (b) placed the highest car in the front of Daegu Northern-gu, with the signal signal at the intersection of Tae Tae-do Intersection; (c) placed the vehicle in the front of the signal, and (d) dump truck; (c) Daump truck, the Defendant took a bath for the victim; and (d)

Accordingly, the defendant assaulted the victim.

2. The above facts charged are determined.