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(영문) 대구지방법원 2017.03.09 2016고단5283
특수협박등
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 September 27, 2016, the Defendant: (a) driven K Poter II cargo vehicles around 15:00; (b) tried to drive three-lanes from the four-lanes prior to the four-lanes in the Seogu Nam-gu Daegu-gu, into the enclosed market area; (c) but (d) tried to change the course to the two-lanes; (b) there was a defect in preventing the victims (36 years of age) from sounding Mststren motor vehicles while driving in the two-lanes of the Victim L (36 years of age) in order to sound the light light and sticking; (c) the victims entered the two-lanes to three-lanes; (d) the victims changed the course from the two-lanes to the three-lanes; and (d) the victims continued to change the course to the two-lanes, and (e) the victims re-entered the course to the two-lanes; and (e) subsequently, by using the cargo, a dangerous cargo that is the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim, while driving the victim at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements concerning L;

1. Relevant provisions of Articles 284, 283 (1) (a special intimidation) of the Criminal Act concerning the facts constituting an offense, and Articles 151-2 and 46-3 (a point of bad driving) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act not only has the record of having been punished several times for violent crimes, but also has been sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Daegu District Court on April 11, 2014, and on November 10, 2014, he was sentenced to a fine by assaulting other persons on August 201, 2016, and was punished as a fine on the ground that he/she again committed the instant crime on September 27, 2016, which only one month has passed thereafter, on the ground that he/she again prevents the victim from leaving. However, the Defendant committed the instant crime on September 27, 2016.

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