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(영문) 수원지방법원 성남지원 2018.01.12 2017고정1493
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

The defendant is a person who drives a car in a CSpo zone owned by the defendant.

On December 24, 2016, at around 15:45, the Defendant changed the car line without driving the said vehicle on the street in front of the area of the river located in the city of the Sinnam-si, the Sinnam-si, Seoul, and changing the car line without turning on the matter of charge, driving the vehicle on the street in front of the area of the city of the Sinnam-si

At this time, on the left-hand lane, the victim D(47) driven by the E Franchiscing car was fluence against the defendant, and the defendant threatened the victim with the risk and fear of the occurrence of the accident, such as balke around the victim's vehicle and balkeing it over three times for the purpose of threatening the victim, even though the sudden breakdown did not occur in the front of the vehicle.

The Defendant, as such, threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. The defendant and his defense counsel asserted to the effect that he had no intention to threaten the defendant on the screen (the defendant and his defense counsel followed the boom at the time of 2 to 3 times by the defendant, or that he followed the blas to verify the vehicle with a large light voice, while he followed the blasc and followed the blasc in the left eye of the vehicle under operation because he did not have the brucing, and he did not have the intention to threaten the defendant.

However, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., ① in the front of the motor vehicle operated by the defendant, the defendant was fluorily operated without any other vehicle or sudden situation, and the fact that the defendant followed the bruke repeatedly is confirmed, ② the victim wishes not to punish the defendant, and the victim's overall statement attitude is high, and the victim's statement appears to be credibility.

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