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(영문) 광주지방법원 2020.06.18 2020고단1748

특수협박

Text

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

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

Reasons

Punishment of the crime

On March 13, 2020, at around 07:25, the Defendant: (a) driven a Bschton car from the three-lanes of the three-lanes on the road above the advanced intersection in the middle intersection in Gwangju North-gu; (b) changed the two-lanes into the two-lanes, and (c) the victim D (51) who was a driver of the CF (51) who was going in the same direction in the same direction, changed the vehicle into the one lane in the damages of the Defendant, on the ground that he changed the vehicle into the one lane in the damages of the Defendant, and as the above, he moved into the one lane in the front of the GSS station, using the Defendant’s Boschton car, thereby threateninging the victim vehicle in the front of the victim’s vehicle in the middle of the said one lane; and (d) let E, who followed the victim’s vehicle, followed the victim’s vehicle.

Accordingly, the defendant carried a motor vehicle, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Reporting on the occurrence of traffic accidents and the application of the statutes governing the actual survey report;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the purpose, method, etc. of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the liability for the crime is not easy in light of the crime location, method, etc., the defendant's act, etc., and the fact that the defendant led to a sudden accident caused by the defendant's act, etc., which led to the confession of the crime and reflects the defendant's wrongness, the victim does not want the punishment (Evidence No. 31). The crime in this case occurred contingently, there are circumstances that may be considered in light of the circumstances where the crime in this case and the sudden accident occurred, and there are favorable circumstances such as the degree of intimidation, the criminal records of the defendant, the defendant's age, character and conduct, environment, motive of the crime, and the circumstances after the crime.