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(영문) 창원지방법원 2019.08.28 2019고단1538

특수협박

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

On March 20, 2019, at the parking lot located in Kimhae-si B around 22:24, the Defendant: (a) sent a horn by the victim C (the age of 21) on the ground that the victim interfered with the course of the Espke vehicle operated by the Defendant while driving the Dsp motor vehicle; and (b) obstructed the victim’s cream, depending on the above parking lot and the victim’s breath, and obstructed the victim’s cream, and threatened the victim with the victim’s click, “off off, off, off, off,” and “off, off, off,” depending on the victim’s blap, according to the above parking lot; and (c) threatened the victim with the victim’s hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Photographs of a dangerous object;

1. Application of Acts and subordinate statutes to report an investigation (as to the attachment of vehicle booms, crime preventionCCTV images, and to the attachment of photographs by booming images);

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the selection of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of not less than 50,000 won but not more than 10 million won;

2. The scope of recommending sentencing criteria: The sentencing criteria shall not be applied by selecting fines; and

3. According to the sentence decisions, comprehensively taking account of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and the circumstances after the crime, the sentence as ordered shall be determined.

A favorable circumstances: The defendant is led to confession and reflect himself.

There is no record of punishment for the same crime.

Unfavorable circumstances: In light of the method of crime committed by the driver and intimidation as dangerous things, there was a high risk of causing an accident of human life.

It was not available from the victim;