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(영문) 의정부지방법원 2020.05.14 2018노3635
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (two million won of fine) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case is committed with respect to the driving of retaliation that was committed on the roads of North Korea.

Intimidation through this is a means of the possibility of death or injury of the victim of a traffic accident, which has a high value of action.

In addition, the two threats are not limited to the one-time threat driving, but the two-lanes over eight times were used to block the course of the damaged vehicle while driving the two-lanes.

The victim has expressed his/her intent to punish the defendant.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

There is no previous offense against the defendant.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the sentence of the court below is deemed appropriate.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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