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(영문) 의정부지방법원 고양지원 2016.11.10 2016고정906
특수협박
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 00:50 on March 12, 2016, the Defendant was driving a franchise-free car in the vicinity of the SM5 taxi located in the city of Mangdong-gu, Yongsan-gu, Goyang-si, and was driving from the west to the west-dong on the west-dong side of the port, and without any particular reason, the Defendant was kid by the EM5 taxi operated by the victim D(SM5) who was driving in the same direction.

The defendant continued to attempt to change course to the left and right side of the victim's vehicle, thereby threatening the victim to block the change of course by leaving the victim's vehicle into the defendant's vehicle several times, and the victim who resisted to this, expressed the victim's desire to "working immediately and spulp".

Accordingly, the defendant threatened the victim using a passenger car, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing damaged vehicle booms image analysis photographs;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Taking into account the fact that the defendant for sentencing under Article 334(1) of the Criminal Procedure Act, after being notified of a summary order, the victim does not want the punishment of the defendant by mutual consent with the victim;

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