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(영문) 서울중앙지방법원 2017.08.23 2017고정1694
특수협박
Text

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

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

Reasons

Punishment of the crime

Defendant

A is a person who operates one ton cargo vehicles of Category B.

On March 10, 2017, around 17:15, the Defendant used the above vehicle from the rest area of the Gyeong-dong, Seocho-gu Seoul Metropolitan Government, at a point 414.7 km away from the Gyeong-dong, Seocho-gu, Seoul Metropolitan Government Seo-dong, to the Busan flood area.

Defendant 1 stopped the Defendant’s driver’s vehicle due to the fact that the victim C driver’s dice 4 vehicle volume driven by the Defendant C driver’s vehicle was driven in the next speed while changing to a rapid speed at the gas station located within the said resting area, and the victim’s driver’s vehicle was driven in the next speed. The Defendant 1 stopped the Defendant’s driver’s vehicle rapidly and interfered with the course.

For the foregoing reasons, the Defendant and the victim opened a window in the vehicle and carried out a “sick, sick, and sick.”

Since then, when the victim's driver's vehicle moves into a five-lane, the defendant is driving along the speeded lane using the defendant's vehicle, and the defendant is driving ahead of the damaged vehicle into a two-three-dimensional speed, and the victim's driver's vehicle continues to move into a five-lane, and then the victim's driver's vehicle conflicts by hindering and threatening the course of the victim's driver's vehicle in a way that the victim's vehicle moves into a five-lane.

The defendant used the motor vehicle, which is a dangerous object, to threaten the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A written statement on the occurrence of each traffic accident;

1. Application of the traffic accident occurrence report, road accident scene map, on-site photograph, investigation report (blue image analysis) and the Acts and subordinate statutes governing black blue CDs;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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