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(영문) 의정부지방법원 고양지원 2019.07.11 2019고정303
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

The defendant is a person who is engaged in driving a BM5 car.

On January 24, 2019, the Defendant driven the said car on January 18:11, 201, while driving the said car and driving the three-lane in front of the D gas station in the city of Gu and America along the two-lanes from the port of the Gu to the port of the same city of the city of Gu and America, while changing the course from one lane to two-lanes, the Defendant was faced with the risk of traffic accident due to the victim E (the age of 39) driving, who changed the course from one lane in the port of E (the age of 39) toward the same sea of the same city of the city of Gu and America, caused the occurrence of the traffic accident by using the vehicle.

The Defendant overtakend the damaged vehicle running on one lane in the front direction, left from the two lanes to the one lane, and obstructed the course of the victim by using the brac dong (2 times) and slowly.

Since then, the Defendant stopped the vehicle at the H station located in Gumi-si G at the time of Gumi-si, left the Da and windows on the damaged vehicle (F), and took a bath theory "I am, I am off, I am off, I am off, I am off."

Accordingly, the defendant threatened the above victim by using a motor vehicle which is dangerous in about 1 Km section.

Summary of Evidence

1. Statement to E by the police;

1. Articles 284 and 283(1) of the Criminal Act provide that a person who, carrying a dangerous object and intimidation shall be punished for special intimidation. Here, the phrase “taking a dangerous object” includes not only the possession but also the wide use of the dangerous object (see, e.g., Supreme Court Decision 97Do597, May 30, 1997). “Intimidation” generally refers to a threat of harm sufficient to cause fear to a person who becomes the other party (see, e.g., Supreme Court Decision 2017Do771, Mar. 30, 2017). A threat of harm is sufficient if the other party becomes aware that it would cause harm to a certain object through speech or behavior even if it is not necessarily an explicit method (see, e.g., Supreme Court Decision 2017Do771, Oct. 26, 2017).

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