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(영문) 서울서부지방법원 2017.04.20 2017고정108
특수협박
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

On September 4, 2016, the Defendant driven BMW X5 car volume around 14:0, while driving a BMW X5 car volume along the southwest of the southwest of the southwest of the southwest of the southwest of 708 South Southwest, as Seoul Gangnam-gu, along the five-lane direction of the northwest. On the ground that the D bus driven by the victim C (49 tax) attempted to change its course for the Defendant’s passenger car volume in the future, the Defendant saw the victim into the front of the victim’s bus, and raised a bage to the victim by using the next rapid operation.

Accordingly, the Defendant, by raising the speed of the above vehicle, which is a dangerous object, changed the course to the four-lane of the bus of the injured party, while driving the bus of the injured party, and led the injured party to a rapid operation over three times prior to the bus of the injured party, and led to the attitude that the injured party would inflict harm on the life and body of the injured party.

Accordingly, the defendant carried a dangerous article and threatened the victim with a vehicle quantity.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the 112 Report Processing Document, 112 Report Processing Document, 112 Report Processing Document, 112 Report Processing Document, and Investigation Report (passenger’s Statements);

1. Article 284 of the Criminal Act and Article 283 (1) of the same Act concerning the facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is against the Defendant’s crime of this case. However, the crime of this case is not easy in light of the content and method of the crime by the so-called retaliation driving, which caused threats to the bus driver’s private victim by putting a large number of passengers on the bus before the bus in operation by using the vehicle, and causing threats to the bus driver. The operation of retaliation such as the crime of this case, such as the crime of this case, is likely to obstruct traffic, and it is necessary to strictly punish not only the other vehicle or the passenger, but also the surrounding vehicle.

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