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(영문) 대구지방법원 김천지원 2018.01.18 2017고정447
특수협박등
Text

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

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

Reasons

Punishment of the crime

1. A special intimidation: (a) around 04:00 on January 28, 2017, the Defendant was driving a 148-ro Yon car on the Gu-U.S.-si, the front of Hyundai Apartment, thereby proceeding with a volume of 3 main apartment in the face of Hyundai Amc apartment.

At this time, the Defendant was driving a victim D (23 tax) with an excessive noise.

E Maer-crock cruise car was overtakened and signaled, and was driven as a threat to the receipt of the damaged vehicle.

After that, the Defendant re-signed the victim's vehicle, followed the victim's vehicle, followed the victim's own central line, and threatened the victim's vehicle by driving in the future.

Therefore, the victim, who was frightened, was at the same attitude to threaten the victim's life and body by stopping the vehicle behind the victim's vehicle while moving the vehicle into the three main apartment, stopping the vehicle behind the victim's vehicle, turning the engine onto the engine and sounding it on several occasions.

Accordingly, the defendant threatened the victim using a passenger car, which is a dangerous object.

2. On March 12, 2016, the Defendant violated the Guarantee of Automobile Compensation Insurance Act, without purchasing a mandatory automobile insurance policy from March 12, 2016, operated a Kaman car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Mandatory insurance inquiries and the motor vehicle registration ledger;

1. Application of an investigation report (Attachment of image of damaged vehicle booms and caps), investigation report (Attachment of photographs by cutting three main apartment CCTVs) (Attachment of photographs by cutting three main apartments), investigation report (Attachment of photographs of the suspected vehicle); and application of Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 284 and 283 (1) of the Criminal Act (the point of threatening to carry dangerous articles), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70 of the Criminal Act to attract a workhouse.

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