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(영문) 전주지방법원 2018.08.23 2018고단1100
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 16, 2018, the Defendant: (a) around 15:30 on April 16, 2018, while driving a B car along the two-lanes near the east-gu east-gu east-gu east-do, and driving the B car along the two-lanes near the intersection, the Defendant: (b) was fluencing the victim C (42 years old) with a view to getting out of the way in the overtaking; (c) the Defendant was driving the said B vehicle, which is a dangerous object, driving the said vehicle into one-lane in the two-lanes; (d) the victim was driving the vehicle in the front of the cargo vehicle of the victim who was driving the two-lanes; and (e) the victim changed the two-lanes to the two-lanes to the two-lanes, and (e) the victim threatened the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal report (fafaging photographs and video CDs) ;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) of the Criminal Act and Article 69(2) of the Criminal Procedure Act (Article 333(1) of the Criminal Procedure Act) concerning the detention in a workhouse;

1. Considering the favorable circumstances, such as the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes and reflects the Defendant’s mistake, the victim is not subject to the Defendant’s punishment, and there is no record of criminal punishment exceeding the fine for the past 20 years, the Defendant shall be punished by a fine, taking into account all the circumstances that form the conditions for sentencing, such as the details of the crime (the distance, time, mode of threat driving), the Defendant’s age, sexual behavior, environment, etc.

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