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(영문) 서울중앙지방법원 2020.01.09 2019고단7236
특수협박
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

On September 2, 2019, the Defendant driven a B B (K) car on September 15, 2015:27, and driven a two-lane in Seoul at the time of safeness, the border road located in the original fluent area of the city along the Seoul direction.

At this time, the victim D(43 years of age) who driven a rocketing car with the same direction three-lanes in the same direction changed the course of the defendant's above K7 car, and the defendant who caused the collision with the above K7 car in mind that the defendant would threaten the victim in the above K7 car, left the vehicle in front of the damaged vehicle, and the damaged vehicle changed the lane, thereby interfering with the course by changing the lane of the damaged vehicle over several times.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the investigation report (box image);

1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the motive and background of the instant crime, the circumstance in which the Defendant recognized his/her mistake, and other circumstances where the Defendant had been punished by a fine as a similar case in the past, in spite of the fact that the Defendant had the past record of being punished by a fine, such as the Defendant’s age, character and conduct, criminal records, and the circumstances after the commission of the instant crime, it is highly likely to be subject to criticism that the Defendant would cause the victim to feel the possibility of causing a traffic accident by excessively cutting down the victim’s vehicle in the future and interfering with the course of the vehicle operation.

On the other hand, it seems that the defendant's appearance in the future of the victim's vehicle is not very urgent, and the victim also seems to be somewhat unreasonable in the future of the defendant's vehicle.

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