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(영문) 대구지방법원 상주지원 2016.06.14 2016고단36

특수협박

Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The defendant is a driver of B SP car.

On December 25, 2015, the Defendant threatened the victim by threateninging the Defendant’s driver’s vehicle, which is a dangerous object in front of the victim’s vehicle immediately after overtaking the victim’s vehicle on the ground that the victim’s vehicle was raised from the rear while staying on the part of the victim’s vehicle at the port of a mountain zone, while the Defendant was traveling on the part of the victim’s vehicle at the port of a mountain zone. The Defendant threatened the victim by threateninging the victim’s vehicle, which is a dangerous object in front of the victim’s vehicle, to interfere with the course of the victim, and by operating the Defendant’s driver’s vehicle in close vicinity to the victim’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to each investigation report, retaliationed driving file CDs, black stuffs video CDs and caps;

1. Relevant legal provisions concerning facts constituting an offense, Articles 284 and 283(1) of the Criminal Act of the choice of punishment, the selection of fines (in agreement with the victim that the injured person does not want the punishment of the accused, taking into account the fact that the accused is the primary offender, the age of the accused, etc.);

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;