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(영문) 서울중앙지방법원 2016.09.27 2016고정2130

특수협박

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who drives a BYF rocketing taxi (hereinafter “B taxi”) owned by the Defendant, and the victim C is a person who drives a DYF rocketing taxi (hereinafter “D taxi”) owned by the Defendant.

On March 30, 2016, at around 15:40 on March 30, 2016, the Defendant, among the five straight lines (the direction of the Bank of Korea) in the second straight line in front of the Nam-gu Seoul Jung-gu, Jung-gu, Seoul, the Defendant: (a) tried to take a retaliation against the victim of the defect in his/her own vehicle without yielding the vehicle to the vehicle of the victim of the defect in order to turn on the right direction.

The Defendant, even though ringing the horn and not driving the tea, was even set up by his own vehicle without being abandoned by the victim, and kidsing the kids by using the kids in hand the right string, and then, the Defendant expressed to the victim that “I am fling off, chewing, sweet down, sweeted, sweeted, sweeted, and bad sweeted,” and that C does not yield the bus, thereby threatening the victim by way of avoiding the victim’s vehicle again with the victim’s right 3rd line in its future.

Accordingly, the defendant threatened the victim by using the above B taxi, which is a dangerous thing.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. Investigation report (verification of black stay images);

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

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, which directly exercises physical power on the damaged vehicle, takes a bath, and threatens the victim with the Defendant’s vehicle, and the nature of the crime is not good.

On the other hand, however, the victim is also the defendant's act.