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(영문) 인천지방법원 2017.05.11 2017고단1056
특수협박
Text

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

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

Reasons

Punishment of the crime

On November 20, 2016, at around 12:15, the Defendant was driving a BN city car in the vicinity of the Namdong-gu Incheon Metropolitan City, 117 p.m. 32 p.m. in the front of the Incheon Incheon 200m., on the ground that the damaged vehicle (D AW car) driven by the victim C (33 cc) kids in the front of the damage vehicle (AV car), the Defendant saw the Defendant to stop the damaged vehicle with the above NAS vehicle, and caused the injury to the victim.

The Defendant saw a sudden drive in the front of the damaged vehicle that proceeds from one lane, and then, the Defendant saw the victim as the driver’s seat of the damaged vehicle driven from the above Nevis vehicle, thereby making the victim’s fingers, and changed the main set of the damaged vehicle into the hands.

Accordingly, the defendant carried a dangerous object, 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 the Acts and subordinate statutes to cut a black stuff image;

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 instant crime with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order was committed on the expressway by the Defendant rapidly operating the vehicle on the expressway, and threatening the victim by blocking the vehicle driven by the victim, thereby hindering the traffic of the victim as well as the entire road, and thus, the possibility of causing a traffic accident was significantly high. Therefore, the nature of the instant crime is not somewhat weak.

The victims want to be punished by a severe punishment of the defendant.

However, the defendant recognized his mistake and reflected his mistake.

The defendant has only been punished by a fine of 1988.

The punishment shall be determined as per the order by selecting a fine in consideration of the conditions of all the sentencing, such as the defendant's age, sex, family relationship, property status, etc.

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