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(영문) 인천지방법원 2017.10.11 2017고단5391
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

On February 25, 2017, the Defendant: (a) driven BK7 car at the point of 5km in the direction of the highway in order to the intersection in order to the port from the 5km in the direction of the highway in order to direct the air at around 01:00, the Defendant sent a signal by driving the victim D (46 years of age) who driven a freight vehicle with C4.5 tons in the same direction and proceeded along two lanes in the same direction; (b) on the ground that the Defendant sent a signal by sounding and raising the two-lanes of the said freight vehicle at two times before the said freight vehicle and stopping in front of the said freight vehicle, thereby threatening the victim by using the said vehicle, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

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

1. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a threat of a victim by driving on an expressway by means of rapid operation of a vehicle on the expressway, stopping, etc., and the occurrence of a traffic accident is likely to occur, and the victim is deemed to have suffered considerable threat due to the defendant's act. Thus, the nature of the crime is not weak.

Considering such circumstances that are unfavorable to the defendant, considering the circumstances that are favorable to the defendant, the fact that the defendant recognizes and reflects the crime shall be considered, and the punishment shall be determined as ordered in consideration of the defendant's age, sex, environment, criminal punishment records, and circumstances before and after the crime.

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