(영문) 서울중앙지방법원 2020.08.19 2019고정2514

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(영문) 서울중앙지방법원 2020.08.19 2019고정2514

특수협박

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 19:00 on June 19, 2019, the Defendant: (a) driven a vehicle in the front of Dongjak-gu Seoul Metropolitan Government (the age of 38) before driving the vehicle in the front of the Dongjak-gu, Seoul, and caused the Defendant to drive the vehicle in the front of its own producer, and drive the vehicle in the front of its own producer, which is a dangerous object, and drive the vehicle in the front of its own seat, and bring about a sudden stop in the front of the said vehicle in the front part of the victim's vehicle in the front of the said vehicle.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Investigation report (verification of black stay images);

1. Results of watching and viewing show videos;

1. The application of Acts and subordinate statutes to the report on traffic accidents and the report on the occurrence of traffic accidents;

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant was unable to drive the Oralba and stopped by taking the balk in front of the victim’s passenger car and did not have the intention of intimidation.

2. In full view of the following facts and circumstances revealed by the evidence of the judgment, it can be sufficiently recognized that the defendant driving an Ortoba, which is a dangerous object in the judgment of the court, and stopping the victim's vehicle in the future from two lanes to one lane, and that caused the victim to receive the front part of the passenger vehicle above the victim's front part of the vehicle above the victim's vehicle with a sudden stop. The defendant's above act is sufficient to cause fear and fear to the victim, and thus, constitutes a crime of intimidation.

참조조문

유사 판례

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-서울중앙지방법원 2015.02.13 2014고단9156