(영문) 수원지방법원 2019.02.18 2018고단7115

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(영문) 수원지방법원 2019.02.18 2018고단7115

특수협박

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 30, 2018, the Defendant: (a) around 20:50 on the 30th day of the damage vehicle, the Defendant, driving a car BNSES Q900 on the same margin from the new screen to the same margin; and (b) the victim C(28 years old) driving, which was going from the two-lane to the one-lane, did not yield the course; (c) on the part of the damaged vehicle, the Defendant intentionally carried a sudden brake at the front side of the damaged vehicle; and (d) threatened the damaged vehicle not to normally proceed from the three-lane to the two-lane; and (d) threatened the damaged vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Details of 112 Smart information;

1. Application of the Acts and subordinate statutes governing black booms and video CDs for 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. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the risk of the method of committing the crime, the victim's suffering from the crime, and the mental impulse seems to be considerable, the punishment as set forth in the text shall be determined by taking into account the following factors: (a) contingent crimes; (b) the fact that the crime is contingent; (c) the fact that the two lanes are recognized and reflects the mistake; (d) the victim, who caused the crime by repeatedly sounding the enemy without yield to the vehicle of the defendant at the point where the two lanes are integrated into one lane; and (e) the first offender who has no record of any punishment; and (e) other factors on which the sentencing conditions under Article 51

참조조문

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