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(영문) 의정부지방법원 2019.04.26 2019고단790
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 01:30 on September 23, 2018, the Defendant: (a) while driving a B high-speed car on the roads near the New Expressway in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, the Defendant threatened the victims by driving the said high-speed car and repeating the said high-speed car system over three to four times, when the Defendant changed the course in the future.

Accordingly, the defendant carried a low-priced car, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the victim’s image;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order requires a strict punishment by committing dangerous acts such as preventing the victim from running his/her vehicle. However, it is recognized that the defendant led to confession and reflects on the crime of this case, agreed with the victim, and there is no particular criminal history, etc. In addition, the defendant's age, character and behavior, environment, family relationship, motive for the crime, means and consequence of the crime, and all of the sentencing factors specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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