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(영문) 서울중앙지방법원 2016.12.14 2016고단5925
특수협박등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives Category C cargo vehicles.

On July 13, 2016, around 08:15, the Defendant: (a) was stopping at a time to stop in the direction of the guard station from the new Tri-distance Station of the E building located in Dongjak-gu Seoul Metropolitan Government, and was driving the G towing Vehicle, the victim F of the Defendant’s cargo vehicle, following the Defendant’s cargo vehicle, was able to promptly see the victim H, who was driving the G towing Vehicle, the victim F of the vehicle, and boomed the light.

이에 피고인은 화물차에서 내려 위 견인차의 운전석 부근으로 다가가 욕설을 한 후 화물차의 화물칸에서 유리받침 각목을 꺼내어들고 피해자 H를 향하여 1회 때릴 듯이 휘두르는 시늉을 하여 위협하였다.

In addition, at the time of the defendant's re-board on the cargo and left turn to the alley, the victim who was left turn to the left turn later was frighted twice more, and the victim H was forced to get the front part of the towing vehicle to get the back part of the cargo of the defendant.

Accordingly, the defendant, carrying dangerous cargo vehicles, and threatened the victim H, and at the same time, damaged the towing vehicle, which is the victim F, to cover the repair cost of KRW 516,756 in total due to the exchange of post-art pans, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written estimate;

1. Application of Acts and subordinate statutes to a report on investigation (verification of Trabbox Images);

1. Articles 284, 283 (1), 369 (1), and 366 of the Criminal Act concerning the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine to choose a sentence ( even though there is a high possibility of criticism in that it is a crime during the period of repeated crime, taking into account the circumstances leading to the crime, the details leading to the crime, the agreement with the victim, and the reflection thereof, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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