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(영문) 서울동부지방법원 2021.01.28 2020고단3367
특수협박
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around 12:20 on September 21, 2020, the Defendant driven a B B B B B-V car and proceeded along one lane near the entrance of the C-V road in the vicinity of the C-V road in the C-V road at the city of the O-V road. On September 21, 202, the Defendant attempted to change the D-V car at a time to the first lane, which is driven by the victim C (V, 29 years old) who was driving along the three-lanes, and tried to change the vehicle at a time, which is obvious to conflict with the Defendant’s vehicle. However, on the ground that the Defendant attempted to change the vehicle at a time, using a dangerous object, from the entrance of the C-V road along the road at approximately 13 km away from the C-V road to the K-V road at around 2 km, the Defendant threatened the victim with the vehicle at the speed of the next three km, depending on the side and side of the victim’s vehicle at the speed.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements E by the police concerning C;

1. Two CDs in the course of broadcasting before and after D food;

1. Application of Acts and subordinate statutes to internal investigation reports (the distance between real-time and threats), investigation reports (the analysis of images submitted to victims);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The instant crime is a dangerous act that may cause a traffic accident due to retaliation driving; circumstances favorable to the fact that the Defendant did not receive a letter from the injured: The Defendant recognized his/her criminal act; the Defendant is the primary offender; the Defendant’s age, sex, motive, means and consequence of the crime; and the sentencing conditions indicated in the pleadings, such as the circumstances after the crime, shall be considered.

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