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(영문) 수원지방법원 성남지원 2016.03.16 2015고단2898
특수협박
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, in a narrow sloping road, had a dispute with the victim B(33) over the motor vehicle traffic problem, and scambling the victim with a view to obstructing the course of the victim's motor vehicle using the defendant's driver's Cenz motor vehicle.

On October 13, 2015, the Defendant, at around 00, 13:00, driven the instant benz motor vehicle, which is a dangerous article for the victim who was driving a Fro vehicle on the road in front of the E real estate in Gwangju-si, and invaded the central line by driving the said benz motor vehicle, and frighted by changing the line to the front section of the body motor vehicle.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to photographs by cutting down a victim's motor vehicle boom, cutting down a boom and cutting down a black image;

1. Article 284 of the Criminal Act and Article 283 (1) of the same Act concerning the facts constituting an offense. Article 283 (Selection of Penalty)

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 (hereinafter “Aggravated Punishment Act”) is a repeated crime committed during the period of repeated crimes, and the nature of the crime is not minor as a retaliation driving case.

However, the victim also caused the expansion of the defendant's crime, and even though the defendant did not receive a letter from the injured party, it is recognized that there was an effort to reach an agreement, and the degree of damage is significant.

Since it is not visible, a fine shall be imposed only once.

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