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(영문) 대구지방법원 상주지원 2017.10.17 2017고단317

특수협박

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of four months of imprisonment for an injury in the Daegu District Court resident support on January 17, 2017, and the decision became final and conclusive on January 25, 2017, and is currently under suspended sentence.

[2] On June 26, 2017, at around 08:50, the Defendant discovered the victim E (the 56-year old age) at the gas station located in Gumi-si, Gumi-si, Seoul. On the ground that the Defendant did not pay the money borrowed by the victim, the Defendant was driving the Defendant’s Fgal gallon with the Defendant’s Fgal gallon to drive the vehicle. On the other hand, the Defendant threatened the victim with the Defendant, carrying a dangerous article, carried out the vehicle by driving the vehicle in the same way in front of the victim’s vehicle seeking to drive the vehicle in front of the passenger vehicle in front of the victim’s vehicle seeking to drive the vehicle in front of the 25-lane road crossing located in the remote-dong, located at the time of temporary display.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Each report on internal investigation (Nos. 3, 7, and 8 in the evidence list);

1. The ledger of driver's licenses for each motor vehicle and the registers of each motor vehicle;

1. A previous conviction: A written reply to inquiry, such as criminal history, investigation report (Evidence List No. 16), copy of the judgment [the defendant and his defense counsel asserted that the defendant found and reduced speed detection devices in front of the victim's driving vehicle.

However, according to the above evidence, the Defendant, who was a monetary claim against the victim, found the victim by chance at the rest area on the national road side; ② the Defendant, after being overtaken by the driver’s driver’s vehicle, had rapidly reduced the speed in the future, repeated actions to reduce the speed by changing the vehicle depending on the victim who changed the vehicle even after the driver’s driving vehicle, followed the vehicle in the direction of the victim. ③ The victim was faced with the above actions.