(영문) 서울중앙지방법원 2016.11.10 2016고단5930

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(영문) 서울중앙지방법원 2016.11.10 2016고단5930

특수협박등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 00:40 on June 3, 2016, the Defendant threatened the victim using a motor vehicle, which is a dangerous object by sudden operation over two occasions and is operated by the Defendant, on the ground that the F taxi operated by the victim E (the aged 61) does not yield the change of the vehicle, among the following: (a) the Defendant was seeking to operate the Ddozer in the direction of Cheongdo-dong, Gangnam-gu, Seoul Metropolitan Government in the direction of Cheongdo-dong, thereby making a change in the vehicle.

2. The Defendant: (a) opened a driver’s seat of the victim who is present at the two-lanes of “H” in Gangnam-gu Seoul, Seoul at a time; (b) taken the victim’s face one time by drinking in one way; (c) taken the victim’s fat; (d) taken the victim’s fat; and (e) taken the victim’s right hand from the vehicle in one time to walk the victim from the vehicle; and (e) taken the victim’s right hand on one occasion, and thereby, damaged the victim’s character that requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. In full view of the following circumstances acknowledged by the investigation report (related to the analysis of black stay images), black stay images, and black stay images cd above evidence, namely, the vehicle operation meters of the Defendant and the victim during the operation of the vehicle, the route in which the Defendant operated the vehicle, the traffic flow at the time and at the time of operating the vehicle, the Defendant committed violence against the victim and the victim, and the initial Defendant alleged that the Defendant was assaulted by the victim, contrary to the assertion by the Defendant and the defense counsel, it is recognized that the Defendant was an rapid operation of the vehicle for which the Defendant intended to inflict injury on the victim.

On the other hand, there is a statement that the victim was not able to feel a threat due to the vehicle operation of the defendant at the time of attending this court as a witness.

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