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(영문) 수원지방법원 안양지원 2018.06.22 2018고단410
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

On January 16, 2018, the defendant driving a car by re-izing B around 15:20 on January 16, 2018, while driving the D's four lanes adjacent to the D's oil station in the Kunpo City C, the defendant was driving from the inside of the mountain area to the military air protection area along three lanes.

The defendant found the victim E (43) who intends to change the course from the street to the three-lanes from the four-lane to the three-lanes, and moved the three-lane to the other.

Accordingly, the injured party changed the course of the bus from four lanes to three lanes, and gave attention to the defendant, and the defendant was able to turn off the above bus's height once, and the defendant stopped the above car, which is a dangerous object, and obstructed the above bus from three lanes to three lanes after stopping.

Therefore, in order to avoid the collision with the above vehicle, the victim was threatened by changing the course of the above bus rapidly from the three-lane to the one-lane, and the defendant India changed the course from the three-lane to the two-lane. The defendant India changed the course of the above vehicle from the two-lane to the two-lane, thereby obstructing the course of the above bus.

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. Investigative reports (to hear statements from victims);

1. Application of the photographic Acts and subordinate statutes;

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 defendant's threat to the sentencing of Article 334 (1) of the Criminal Procedure Act seems to have suffered a considerable mental shock for the victim, who is a bus driver, due to the reason of the sentencing of the defendant.

Accordingly, considering the risk of traffic accidents, the criminal liability of the defendant is not easy.

However, the attitude of the defendant to recognize and reflect the crime seems to be.

There is no other criminal record except for a fine imposed once due to drinking driving.

After filing a prosecution, it agreed with the victim.

These circumstances and the defendant's seal.

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