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(영문) 대전지방법원 2016.11.18 2016고정1081
특수협박
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a B-si driver.

On May 4, 2016, at around 17:30 on May 4, 2016, the Defendant: (a) 17:30, at the Jung-gu, Daejeon to D’s front street, brought the F vehicle driven by the victim E (the age of 25) on the front line in the front line of the front line at the same time as D’s front line; and (b) f vehicle driven by the victim E (the age of 25) in the front line at the front line.

The Defendant: (a) entered the H in front of the second line located in G and the second line in front of the road in which the 100 driver's degree of the foregoing vehicle is located in G with approximately KRW 100, and (b) intentionally followed the balke from the front line of the vehicle in front of the road; (c) balking the balke at the front line of the vehicle in front of the victim; (d) obstructed the victim from the front line; and (d) threatened the victim by preventing the balke of the course of the victim who changed the vehicle to the second line; and (e) preventing the victim from driving the vehicle into the first line, and

The Defendant, using his taxi, which is a dangerous object, threatened the victim with any harm and injury to the life and body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the actual condition survey report and the Acts and subordinate statutes on the operation of vehicles;

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 is that the defendant is not in danger of traffic and is not in good condition due to the so-called retaliation driving against the victim.

However, the defendant reflects the crime of this case, and the victim appears to have changed the fleet somewhat unreasonable before the defendant, and the defendant's health, such as cerebrovascular disease, is not good, and the economic situation seems to be weak.

Such normal relationship and other conditions of sentencing as shown in the records and arguments, such as the defendant's age, character, character, environment, occupation, etc.

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