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(영문) 서울중앙지방법원 2016.04.18 2015고정4346

특수협박

Text

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

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

Reasons

Punishment of the crime

On January 29, 2016, the Defendant was sentenced to a suspended sentence of two years at the Daejeon District Court for a violation of the Act on the Control of Narcotics, Etc., and the said judgment became final and conclusive on February 6, 2016.

On September 10, 2015, the Defendant, who drive C' C' C' C'C' and operated the above Oralb on September 19:10, 2015, with the operation of the above Oralb in order to use the Doldong, Gangnam-gu, Seoul as a large-scale outflow area from the surface of the Doldong, Gangnam-gu, Seoul, for the reason that he could threaten the victim on the ground that the victim D( South, 26 years old) driving the 'W' vehicle, which caused the accident to go close to the wide place, caused the accident to be clear and unfolded.

The defendant, using the "Catur project" as a dangerous object, runs as even as to the right side part of the victim's right side of the victim who runs three lanes from the four-lanes in the Doero basin to the lux basin of the Doero basin. In several times, the defendant threatened the victim with approximately 700 meters in proportion to the volume. In the end, the victim changed the course to the right side of the victim's vehicle, and the victim changed to the course to the 507-1 luxed section of the luxdong, and the victim was able to see the victim by fasting it in the right side of the victim's vehicle.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the police against D;

1. A written statement on the occurrence of a traffic accident (A, D);

1. A report on investigation (the analysis of booms and images of victim vehicles);

1. The screen by capturing the images related to the case;

1. Victims booms and video CDs;

1. Previous convictions: Application of criminal history inquiry, text of judgment, and content of case Acts and subordinate statutes;

1. Articles 284 and 283 (1) of the Criminal Act and the selection of fines concerning facts constituting an offense;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;