(영문) 수원지방법원 여주지원 2018.08.17 2018고단583

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(영문) 수원지방법원 여주지원 2018.08.17 2018고단583

특수협박

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Around 13:15 on March 31, 2018, the Defendant: (a) driven a B- bargaining passenger car with the six-lane prior to the “D” that was driven by the Seoul National Highway in Yangyang-gun; (b) the victim (Defendant on the part of the Defendant) who proceeded with the six-lane prior to the Seoul National Highway in the Seoul metropolitan direction; (c) the victim, who is difficult to proceed rapidly due to the two-lane, failed to operate the direction immediately before the victim’s vehicle immediately before the victim’s vehicle; and (d) the victim rapidly changed the two-lane to the left-hand side without operating the direction immediately before the victim’s vehicle; and (d) the victim, while changing the two-lane to the two-lane, changed the two-lane road to the right-hand side of the vehicle; and (e) the victim did not operate the direction immediately before the victim’s vehicle; and (e) operated the victim’s vehicle without operating the direction immediately before the victim’s vehicle; and (e) operated the driver’s vehicle in the way to cause the collision with the victim’s vehicle.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Defendants’ legal statement

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes on traffic accident reports;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. In light of the unfavorable circumstances, such as the risk of the act of reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, first of all, the occurrence of the instant crime, etc., considering the favorable circumstances, such as the time of committing the instant crime, the fact that the person committed the instant crime, and the fact that it was agreed with the victim E, etc., the Defendant’s age, sexual behavior, environment, etc., is considered as favorable. It is so decided as per Disposition by taking into account all the conditions for sentencing under Article 51 of the Criminal

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