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(영문) 수원지방법원 안산지원 2016.09.01 2016고단1824
특수협박등
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 April 10, 2016, the Defendant: (a) around 19:13, in the vicinity of the king-dong, king-do, the king-do, the king-do, the king-do, the king-do, the king-do, the Defendant applied for changes in the bill of indictment to “influence of the vehicle” in this part, while driving the D king-do, on the road; (b) on the ground that the Faurg-lurged vehicle of the victim E (the age of 28) driven in the front of the Defendant vehicle; (c) while driving the D king-do-dong, the Defendant did not turn into the direction, etc. by driving the damaged vehicle, which is a dangerous object, and (d) applied for changes in the bill of indictment. This Court permitted this.

However, the crime of special intimidation in this case and the crime of violation of the Road Traffic Act are deemed to be in the relationship of ordinary concurrences, and it is deemed that there is no impediment to the exercise of the defendant's right to defense even without any amendment to a bill of amendment. Thus, correction and recognition

The attitude that seems to cause harm to the victim was shown.

As a result, the defendant threatened the victim using a dangerous object, and threatened or threatened another person, or caused a traffic danger by violating methods of overtaking and speeding.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant provisions of Articles 284, 283 (1) of the Criminal Act concerning criminal facts, and Articles 151-2, and 46-3 of the Road Traffic Act (the point of force of forceless driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The Defendant, who is selected to impose a fine on the option of punishment, recognized his mistake, reflected, and deposited KRW 500,00 for the victim, had some circumstances to consider the circumstances leading up to the instant crime, and did not seem to have an attitude that seems to cause any danger and injury to the victim after taking a sudden brac, and thus, the time during which the climatic driving was longer conducted.

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