(영문) 전주지방법원 2017.08.25 2017고단1156

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(영문) 전주지방법원 2017.08.25 2017고단1156

특수협박

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 14:40 on May 5, 2017, the Defendant: (a) driven a rocketing car, and obstructed the course of the Victim E (45) drive while driving on the two-lane road in front of the Jinjin-gu Seoul Special Metropolitan City (D), from the front west-gu to the intersection of the gold square from the front west-gu to the intersection of the gold-gu square; and (b) the Defendant obstructed the course of the Victim E (45 years) drive while the Defendant was driving on the two-lane road.

As a result, the Defendant: (a) coming to a so-called so-called Facoon elementary school, driving away from the direction of the victim rather than a way to drive; (b) changed the course to the right side of the victim; (c) tried to overtake the victim on the right side of the victim; and (d) threatened the victim with attempting to overtake the victim on the right side of the victim; (c) the victim passed by using a two-lane road; (d) the victim proceeds by driving on one road; (e) driving on the road; (e) driving on the road; and (e) driving on the victim; and (e) driving on the road of Facop, the Defendant threatened the victim with rapidly stopping and driving on the three-lane from the said one-lane road; and (e) the victim proceeds by changing the course to the one-lane course of the damage; and (e) the victim obstructed the course by driving on the road from the said three-lane road to the one-lane road; and (e) threatened the victim with desireing the victim.

In this respect, 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 for E;

1. Application of the Acts and subordinate statutes to photograph the damaged vehicle booms image images;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the defendant and his defense counsel have expressed a desire for the victim, the defendant does not pose a threat to the victim as stated in the facts constituting the crime, such as an urgent stay with a motor vehicle, and intimidations the victim.

참조조문

유사 판례

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