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(영문) 대전지방법원 2018.07.12 2018고단1021
특수협박
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a victim C (ma, 34 years old) and a person who is currently living separately between the legal couple and the other spouse.

On November 16, 2017, around 09:40 to 10:00, at the Daejeon Seo-gu Dodong-ro 446, and at the underground parking lot of the apartment that is to be set up in the two friendship, the defendant used a dangerous vehicle by driving a white car car (D) owned by the defendant and making it difficult for the defendant to fight with the victim, and by using a dangerous vehicle as a means of rapid stop immediately after the victim.

Summary of Evidence

1. The legal statement of the witness C;

1. Viewing through ct v recycling;

1. In an investigation report (the Kakao Stockholm messages) [the defendant argued to the effect that there was no intention to make any special intimidation while moving a burner vehicle to a lele that is registered in the name of the victim in the course of divorce with the victim. However, in full view of the above evidence, the defendant immediately after the defendant sent the key to the lelero vehicle to the victim, it can be sufficiently recognized that the lero vehicle was in danger of the victim by hanging the vehicle immediately after the victim immediately, and as it appears that there was no reason for the defendant to immediately stay in the parking lot without any particular reason, it can be recognized that the defendant's act of suddening the defendant was committed with the intent to give notice of harm likely to cause fear to the victim.]

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act (Special Intimidation and Selection of Fines) concerning the facts constituting an offense;

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

1. In light of the risk of driving a threat of reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, there is a need for a strict punishment of the defendant; the crime committed by drinking alcohol and causing injury to driving risk, etc. on October 26, 2016, which was sentenced to a suspended sentence of two years at the Seoul Western District Court on October 26, 2016, but was sentenced to a suspended sentence of two years, thereby leading to the instant crime during the suspended sentence period; the crime was committed during the pertinent suspended sentence period; the victim did not receive a letter from the injured.

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