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(영문) 부산지방법원동부지원 2020.08.12 2019고정631
특수협박
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

At around 18:28 on April 6, 2019, the Defendant: (a) driven a B-lane car and driven a two-lane road of 509 am 509 am e-mail from the river basin in the direction of the flood distance to the direction of the horizontal distance; (b) caused the victim C (31 years of age) driving DWW125 am e-mail to fall into the front of the said car driven by the Defendant; (c) caused the victim C to fall into the front of the said vehicle driven by the Defendant, and (d) threatened the victim by making a sudden stop in a way that the victim C (31 years of age) drives from the first lane to the second two-lane off of the victim am kiba; and (d) caused the damage to the off-road after stopping again, by making a sudden stop.

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

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. C’s legal statement;

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. C’s statement;

1. Investigative report (suspect of Retaliatory Driving for the Suspected Crime);

1. Application of the Act and subordinate statutes to blackbox CDs (as a result of this evidence, it can be sufficiently recognized that the Defendant was threatening to the victim by cutting in front of a car in front of the car).

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is not only high risk but also high risk of the instant crime. The victim, who is a driver of Oratoban, seems to have been flick.

Nevertheless, the defendant was urgent to avoid liability due to an uncontestable defense, and it was difficult to find out the anti-refluence or unrefluence, and did not receive a letter from the victim.

In light of these circumstances, there is no specific criminal history for the defendant, and there is no contact accident, etc., and the records and arguments of this case are revealed.

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