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(영문) 대전지방법원 논산지원 2018.01.16 2017고정199
특수협박
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

On August 7, 2017, the Defendant, at the time of 19:00 on the 19:00 square meters, operated one-time vehicle for the victim B ( South, 36 years old) to demand the concession of the vehicle in the Cti-gu driving of the victim B ( South, the 36 years old) on the one-time side while driving along the two-lanes in the direction of the west-nam Highway, the Defendant threatened the victim by a retaliation, such as operating the brake in front of the damaged vehicle and changing the course to the front side, making the vehicle stop on the expressway.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is deemed to have been committed by the Defendant so-called retaliation, and there is a need to strictly punish not only the other driver but also the other driver of the vehicle.

However, considering the fact that the defendant's mistake and reflects, the fact that there is no record of criminal punishment, the fact that the defendant is treated due to a bipolar disorder, the age, environment, health conditions, circumstances of the crime, methods of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions specified in the arguments of this case.

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