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(영문) 서울북부지방법원 2018.04.05 2017고정1633
특수협박
Text

A defendant shall be punished by KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in his own business, and is a driver who drives a C low-priced car.

On June 23, 2017, when driving the above vehicle on the front side of the Seoul Jung-gu Seoul Metropolitan Government D on the same direction, and driving it in the same direction at the middle-dong direction, the victim E (40 years old, South) who was waiting in the traffic along the same direction, changed the course of the damaged vehicle driven by the victim E (hereinafter referred to as the "victim E"), which is the damaged vehicle driven by the victim, brought the vehicle into the front of the damaged vehicle, with the intention of drinking the victim by means of a sudden operation in front of the damaged vehicle.

Therefore, the Defendant driven the above C’s low-speed car volume, which is a dangerous object, and proceeded about about 1 km from the vicinity of the eleg to the above place, and opened a very narrow distance at the distance from the back of the damaged vehicle so as to stop the damaged vehicle at several times, and expressed the desire to get off the vehicle to the victim, and threatened the victim by advertising the window of the damaged vehicle at a price once a week.

Summary of Evidence

1. Legal statement of witness E;

1. A written statement of the occurrence of E traffic accidents;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a photograph of a closure);

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. Article 334(1) of the Criminal Procedure Act provides that the Defendant’s act constitutes an excessive special intimidation, even though the degree of the act is weak in light of the form of the act, repetition, duration of the act, etc. according to the evidence above, it is reasonable to view that the act of the Defendant’s act constitutes excessive intimidation.

Provided, That the above punishment shall be determined in consideration of the circumstances, etc.

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