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(영문) 대구지방법원 포항지원 2017.09.20 2017고정288
특수협박등
Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. On January 28, 2017, around 15:16, the Defendant was driving a 4 national highway along the route of Seoyang-si in Busan Metropolitan City from the Daegu Dong-gu to the Hayang-si, and the CNA Sin Sin-si, Defendant A expressed an attitude that Defendant A would cause harm to the victim by way of changing the course to obstruct the normal passage of the said AWn-ri vehicle, on the ground that the E-Wn-ri vehicle driven by the victim D itself is obvious that it would cause a collision by changing its course in the future of the Defendant’s own vehicle.

As a result, the Defendant was driving a NAS car, which is a dangerous object, to threaten the victim, and at the same time, committed a sudden operation, change of course, etc.

2. On January 28, 2017, Defendant B, on the side of the national highway No. 4 located in G oil station in Busan City, around 15:20, the Defendant assaulted the victim on the ground that the victim and the father of the Defendant, who continued to stop the vehicle after stopping the vehicle, and the victim would act as the victim would be able to do so.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (to attach a back-to-face clurbm image images and driver's identity);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 284, 283(1) (a) of the Criminal Act, and Articles 151-2 and 46-3 (a) of the Road Traffic Act;

B. Defendant B: Article 260(1) of the Criminal Act

1. Defendant A with an ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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