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(영문) 대전지방법원 천안지원 2018.07.09 2018고정226
특수협박
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay a fine, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

On July 5, 2017, around 23:42, the Defendant driven C QM3 car at Asan-si, Asan-si, Asan-si, Sinsan-si, Sinsan-si, 4:21.

At the same time, the Defendant was driving along the victim D(W, B, 28 years old) EM car followed, but the victim's driver's vehicle was overtakened and changed rapidly into one lane.

Accordingly, the victim was able to raise the height of the game and the competition was gleeped, and the defendant was threatened with the victim by using the defendant's driver's car, which is a dangerous object in front of the victim's driver's car.

[In the facts charged, the Defendant stated that “the Defendant committed an act listed in the facts charged for the purpose of retaliation,” and the Defendant alleged to the effect that there was no purpose of retaliation.

The purpose of retaliation is to delete the part of the crime regardless of whether there was a retaliation against the defendant, because it is not an element of the crime of special intimidation.

On the other hand, the defendant and his defense counsel asserts that the defendant did not have the intention of intimidation.

However, the Defendant was overtaken before a short distance from the victim’s driving car to the point of view that the victim’s driver’s driving car was at risk, and gave a warning to the victim’s raise, etc. (in particular, the Defendant’s act may be acknowledged to have an intention to threaten the victim by using a vehicle that the victim driven by himself/herself, with consideration of the traffic conditions on national highways (a smooth flow of traffic) and the degree of urgency of the Defendant’s vehicle (in particular, the Defendant was at a rapid speed to stop).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol (D);

1. Application of CD image Acts and subordinate statutes

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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