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(영문) 인천지방법원 2017.07.20 2017고단2525
특수협박등
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

1. A special intimidation: (a) on January 25, 2017, the Defendant 17:10, while driving a vehicle with C low speed and going to the right to the left at the Bupyeong-gu Incheon Bupyeong-gu D Intersection, the Defendant was willing to threaten the victim depending on the victim E (F, Lasta) who driven a vehicle (25 years) and the vehicle for which the victim used to turn to the right to the right to the left at the time of the accident.

피고 인은 위 피해차량을 뒤따라 가 경적을 울려 피해차량을 세우고 피해자에게 다가가 사고가 날 뻔했던 상황에 대해 이야기하던 중 피해자와 시비가 되자 화가 나, 점퍼 우측 주머니에 소지하고 있던 위험한 물건인 가스 분사기를 꺼 내 피해자의 얼굴에 겨누고 ″ 좃만한 새끼야, 너 뒤질래

The term "the" means "the".

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

2. A person who has obtained permission to possess guns, swords, gas sprayers, electronic shock machines, or crossbows in violation of the Act on the Safety Control of Firearms, Swords, and Explosives shall not use the relevant guns, etc. unless the permitted purpose of use is or there is any justifiable reason;

Nevertheless, the Defendant used gas sprayers obtained permission (manufacturing number G and H) at the date, time, and place under Paragraph 1 against the permitted usage, such as pressing and threatening the victim's face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to a copy of permission for gas sprayers;

1. Relevant legal provisions concerning facts constituting an offense, Articles 284 and 283(1) of the Criminal Act of the choice of punishment, Articles 73 subparag. 1 and 17(2) of the Act on the Safety Control of Explosives, Etc., and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Although it has not been agreed with the victim on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the defendant is against the defendant.

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