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(영문) 대전지방법원 천안지원 2017.02.09 2016고정759
특수협박
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car free of duty, and is engaged in driving a B car free of duty.

On July 18, 2016, at the time of 15:26, the Defendant, at the time of the Sincheon-gu, is driving in a cross-section in a cross-section in the vicinity of the west-gu, south-gu, and the Defendant tried to change the course into a cross-section in the straight line. While the Defendant attempted to change the course into a two straight line, the Defendant, who used the two straight lines, did not turn off the DK5 car volume of the victim C (the 45 years old and south) driving toward the cross-section in the two straight lines, was frighten the victim by using a motor vehicle.

Therefore, the Defendant followed the damaged vehicle, thereby driving away, changed the course from the two-lanes to the left side of the damaged vehicle running along the three-lanes in the northwest-gu, west-gu, west-gu, the Defendant: (a) changed the course from the two-lanes to the right side of the damaged vehicle; (b) threatened the victim by threateninging the damaged vehicle in front of the damaged vehicle; (c) continuously proceed with the brake before the damaged vehicle; and (d) threatened the victim by blocking the course of the damaged vehicle; and (c) humping the damaged vehicle, and (d) humping the desire for drinking.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of the video Acts and subordinate statutes of photographic pictures with a black stuffed image;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is difficult to view that the Defendant’s act of retaliation for the reason of sentencing is minor, and the reason for retaliation driving also resulted from the Defendant’s act of violating lanes in the course of passing along the crossing, the victim wants to punish the Defendant, the Defendant has been punished five times (one time of suspended sentence of imprisonment without prison labor, one time of suspended sentence, and four times of fine) due to the crime of violence in around 2014.

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