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(영문) 서울중앙지방법원 2016.01.28 2015고정4779
특수협박
Text

Defendant shall be punished by a fine of 1.2 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 drives a motor vehicle B with the driver's license.

around 15:25 on October 16, 2015, the Defendant was driving the said vehicle along one lane in front of the telephone station in Gangnam-gu Seoul Metropolitan City, Gangnam-gu, Seoul Metropolitan City, while driving the said vehicle, the DK5 vehicle driven by the victim C is proceeding along the said road on the two-lanes, and has changed its course in front of the Defendant’s driving direction. However, the Defendant entered the direction of the damaged vehicle and was rapidly scheduled after entering the direction of the driving of the damaged vehicle.

Accordingly, the defendant carried a dangerous article, and expressed the attitude of threatening to harm the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (Analysis of images of damaged vehicles) and report on internal investigation (Analysis of suspect A-Operational Vehicle Stacks);

1. Details of civil petitions;

1. Application of the statutes even to the situation;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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