(영문) 대전지방법원천안지원 2020.10.13 2020고정378

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원천안지원 2020.10.13 2020고정378

특수협박

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

The Defendant is a person driving B PodF350 Freight vehicles.

At around 18:55 on April 7, 2020, the Defendant was driving the said vehicle along the four-lanes of the four-lanes near the Dongnam-gu Seoul apartment complex, Chungcheongnam-gu, Incheon Metropolitan City. At this time, the Defendant was driving the said vehicle on the ground that the victim D (V, the age of 29) driven the vehicle in front of the Defendant, which was driven by the said three-lanes, carried the vehicle in front of the Defendant. However, the Defendant was driving the vehicle in a manner to put the vehicle in front of the victim’s vehicle in front of the Defendant.

Since then, the Defendant: (a) driven the above B WorldF350 vehicle, which is a dangerous object, and driven the two-lanes in the three-lanes; and (b) threatened the victim by taking the balke in front of the E Spoke vehicle of the victim who proceeded along the three-lanes; and (c) the victim who was threatened with such an act continues to be damaged by the vehicle of the victim; and (d) threatened the victim by preventing the victim from leaving the front of the vehicle of the victim again.

Accordingly, the defendant carried dangerous articles B PodF350 Cargo vehicles and threatened the victim.

Summary of Evidence

1. Photographs of the suspect's driver's vehicle in the police statement regarding D;

1. Application of the Acts and subordinate statutes on the video records of victims;

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 of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant, using a vehicle, has threatened the damaged vehicle by stopping two times in front of the damaged vehicle, and such act is an act dangerous that may cause a traffic accident, thereby causing considerable danger to the victim.

In addition, the fact that the victim did not agree with the victim or paid damages and the victim wanted the punishment of the defendant shall be considered disadvantageously.

However, the accused is guilty of a fine.

참조조문

유사 판례

-인천지방법원 2016.11.16 2016고단4692

-서울남부지방법원 2014.12.10 2014고단3297

-대구지방법원 2020.06.11 2020고단1151

-서울남부지방법원 2014.12.10.선고 2014고단3297 판결

-인천지방법원 부천지원 2017.07.07 2017고정590