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(영문) 서울동부지방법원 2018.07.17 2018고정479
특수협박
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 person who drives a CAD car.

On January 13, 2018, around 15:18, the Defendant attempted to enter the same line into the two lanes of the main vehicle of the same line at the intersection of the same line located in the Seongdong-gu Seoul Metropolitan Government House-dong, and the preceding vehicle in front of the Defendant was a stop in order to enter the main line.

피고인은 자신의 선행 차량보다 먼저 본 차선에 진입하기 위해 무리하게 본 차선의 진입을 시도하였고, 본 차선의 2 차로에서 진행 중이 던 피해자 D( 여, 26세) 는 E 스파크 차량을 운전하다가 위 합류 지점에 이르러 2 차로로 갑자기 들어오던 피고인의 차량을 보고 깜짝 놀라 경적을 울리게 되었다.

The Defendant, on the ground that the victim got a light, frightened with the victim, and frightened the vehicle by changing the vehicle line to the one lane in the damaged vehicle, and frightened in the course of changing the vehicle vehicle in the front of the damaged vehicle, followed the vehicle, and brought the hand over to the outside of the window of the driver's seat, and continuously frighted the victim again while changing the lane in the damaged vehicle to the right side, and again frightened the victim again while changing the vehicle in the front of the damaged vehicle, and the victim again avoided the victim into the one lane in the front direction, thereby obstructing the victim's course while interfering with the victim's course, and causing the victim feel fear.

As a result, the defendant, using a dangerous object, has expressed his attitude that he seems to inflict bodily harm on the victim, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to one CD of video materials;

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. Articles 70(1) and 69(2) of the Criminal Act concerning the custody of a workhouse (the defendant and his defense counsel does not fall under dangerous articles, and the defendant's act is not dangerous articles.

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