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(영문) 광주지방법원 2016.03.17 2015고정1996

특수협박

Text

Defendant shall be punished by a fine of KRW 1,500,000 ($1,500,000).

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

Reasons

Punishment of the crime

On October 22, 2015, the Defendant driving a BMW car around 16:10 on and around October 22, 2015, and proceeding along the two-lanes among the three-lanes of regular districts in the Seo-gu Seo-gu Busan metropolitan market, and was waiting for signaling on the same line on the same line.

The victim D, who is the driver of the SM5 vehicle, did not proceed with the change of green signal, but put the light at two times, and frightened in a manner that follows the brucing boom by cutting the fire, and frightened.

The Defendant used his own vehicle, which is a dangerous object, to put in front of the victim's vehicle in the three-lane from the three-lane to the two-lane, or to take the following Bracks once to threaten the victim.

In this respect, the defendant carried a dangerous article, and threatened the vehicle's quantity.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Statement protocol with respect to D by the police;

1. Reporting on the occurrence of special intimidation and the application of CCTV-related Acts and subordinate statutes to photographs;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in the workhouses, the injured party does not want to be punished against the Defendant by agreement with the injured party during the instant trial process.

The defendant has no criminal record of the same kind.

In addition, the decision is made as per Disposition in consideration of the circumstances leading to the instant case, the result of the instant case, the behavior of the accused before and after the crime, equity in similar cases, etc.