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(영문) 수원지방법원 성남지원 2017.11.22 2017고단2561
특수협박
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a freight vehicle B.

On July 9, 2017, the Defendant: (a) driven the above cargo vehicle on the front side of the driver’s C, which was trying to turn to the left at the right-hand turn at the right-hand side of the road from the front side of the front side of the driver’s D, which was trying to turn to the right-hand turn; (b) the victim was able to change the vehicle rapidly to the front side of the driver’s D, and (c) the victim was sent to the above cargo vehicle on the front side of the driver’s vehicle so that the driver’s above vehicle interferes with the passage of the vehicle to the expressway; (d) the victim was trying to open the window so that the driver would not enter the expressway; and (e) the victim would drive the vehicle at the right-hand side of the vehicle to turn to the left at the right-hand side of the road; and (e) continuously, the victim would drive the vehicle at the right-hand side of the vehicle to turn to the road; and (e) made the victim’s new driver’s vehicle to stop the vehicle.

Accordingly, the defendant carried the above cargo vehicles, which are dangerous objects, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to e-mail information and to cover e-mail stuffs images;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination of sentence - Fine of KRW 5 million - Although the defendant has a history related to violence several times, this case is due to the dispute over the vehicle driving.

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