(영문) 수원지방법원 2020.05.13 2019고정1725

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(영문) 수원지방법원 2020.05.13 2019고정1725

특수협박

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

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

Reasons

Punishment of the crime

On July 13, 2019, around 09:06, the Defendant: (a) was driving at the nearby the “Floririju CMW 530i car at a low speed, and was driving in the direction of Floricheon-distance, BMW 530i car at a low speed; (b) while the Defendant was driving in the direction of BMW i3 car at the rear side of the Defendant’s vehicle, the Defendant was willing to take a retaliation against the Defendant on the ground that the victim D (35 years) who driven CMW i3 car at the rear side of the Defendant’s vehicle showed a warning about the Defendant’s unreasonable change of course.

Accordingly, the Defendant continued to drive the Defendant’s vehicle on the three-lanes of the above road, which is a three-lane lane, while driving the Defendant’s vehicle in the front side of the Defendant’s vehicle, and repeated the act of driving the victim’s vehicle in the front side of the victim’s vehicle, as if he were to change the course into the two-lane one, on two occasions before the victim’s vehicle. On the other hand, the victim’s vehicle driving along the three-lanes in the front side of the Defendant’s vehicle, and acted as if he would inflict any harm on the victim’s life or body.

Accordingly, the Defendant, carrying a dangerous object, threatened the victim with an automobile.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on the image of damaged vehicles;

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The driving of the Defendant’s vehicle does not constitute an act of intimidation to the extent that the victim would have a fear, and the Defendant did not have the intent to threaten the victim.

2. According to each of the above evidence, the victim's vehicle driving the fourth line on the road along the fourth line has been driven by the victim's vehicle in front of the victim's vehicle in front of the victim's vehicle. The victim's vehicle in front of the fourth line is driven by the victim's vehicle in front of the vehicle, and the road where the victim was maintaining the main line

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유사 판례

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