(영문) 대구지방법원 포항지원 2019.07.03 2019고단157

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(영문) 대구지방법원 포항지원 2019.07.03 2019고단157

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

Around 15:15 on December 3, 2018, the Defendant was driving a Category B NAS car, which is a dangerous object at the DV Intersection at the DP Intersection at the Ddong-gu, Gyeonggi-gu, Seoul at the port of North Korea on the ground that the victim C, who was going behind the Defendant’s vehicle behind the vehicle, was driving the D PP truck and changed the lane toward the Defendant who changed the lane, acting as a victim’s body by rapidly changing the lane into the two-lane where the victim driven at the port, and moving into the two-lane where the victim is driving, and driving the vehicle.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of a black box file of a suspected person’s vehicle) - CD attachment, internal investigation report (the visit report by the victim and a suspected person) and to capture a black stuff image and to photograph and report investigation (the reproduction of CDs bound in the record)

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order may have the power to punish a defendant as a sentence for an violent crime, etc., the fact that the defendant committed the crime of this case during the repeated crime due to violent crime is disadvantageously considering the circumstances that the defendant commits the crime of this case, the fact that the defendant commits the crime of this case, the fact that the defendant commits the crime of this case, the circumstances favorable to the defendant who agreed with the victim, and other circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, motive of the crime, and the circumstances after the crime,

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