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(영문) 인천지방법원 2017.01.11 2016고단7615
특수협박
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the Category B car.

On October 2, 2016, the Defendant, at around 01:30 on October 2, 2016, tried to drive the said vehicle at a retaliation on the ground that the Defendant, while driving the said vehicle going to the front of the present elementary school from the direction of the Western-dong, Nam-gu, Incheon at the direction of the present elementary school, the victim C (49 taxes, South) operating the Dozers Do that driven the vehicle in front of the victim's vehicle.

이에 피고인은 인천 남동구 E 앞 도로를 논 현 초등학교 쪽에서 논현 1 동주민센터 쪽의 편도 2 차로 중 1 차로로 직진 중이 던 피해차량을 뒤따라가 상향등을 3회 가량 깜박이며, 2 차로에서 1 차로로 끼어들어 피해차량 앞을 가로막고 이에 차에서 내려 피해차량의 조수석 문을 개방한 후 차안으로 들어가 피해자에게 " 미쳤냐,

Whether he/she has returned to death or not;

"Intimidating by taking advantage of a dangerous vehicle, such as taking a bath."

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant committed the crime in this case and that the Defendant committed a second offense despite the fact that the Defendant had committed violence, but the Defendant recognized and reflected the crime and agreed with the victim, and sentenced the Defendant to a fine like the disposition, taking into account the fact that the Defendant agreed with the victim.

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