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(영문) 창원지방법원 2018.07.11 2018고단714
특수협박
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 17:50 on February 2, 2018, the Defendant driven a cub motor vehicle to D and proceeded into the port of Busan in accordance with the two-lanes between the three-lanes in the vicinity of the metropolitan highway located in the Dong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, the Defendant changed the two-lanes by the reason that the victim E who driven at the first lane was unable to change its course into the first lane because the victim E did not yield the course. However, when the victim E is driving the cub motor vehicle into the second two-lanes, the Defendant did not drive the cub motor vehicle in the above three-lanes, driving the cub-ri-ri-ri-ri-si, driving the cub-ri-ri-si, driving the two-lanes, driving the cub-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, and driving the victim's course.

Accordingly, the defendant threatened the victim using a passenger car, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of Chapter 8 of the Investigation Report (as to the attachment of black stuffs, images, and photographs), black booms CDs, and photographs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The method of committing the instant crime is not good, and thus, the multiple people’s life and safety of driving on an expressway was significantly dangerous by using vehicles with reason for sentencing under Article 334(1) of the Criminal Procedure Act.

Even in 2016, the defendant has been punished for the same crime.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

The victim has agreed with the victim, and the victim does not want to punish the defendant.

In addition, the contents and circumstances of the instant crime, circumstances after the instant crime, the age of the Defendant, and the sexual conduct, etc.

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