(영문) 서울남부지방법원 2017.09.12 2017고단2943

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줄 간격

자간(%)

(영문) 서울남부지방법원 2017.09.12 2017고단2943

특수협박

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1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

Around 13:30 on May 14, 2017, the Defendant was driving a 11 ton croc truck (motor vehicle) from the edge of the valley located in Gangseo-gu Seoul Metropolitan Government to the valley tunnel, and was driving directly along the two lanes of the two lanes of the two lanes of the two-lane, the Defendant: (a) flown the victim D (48 years old) who enters the front of the Defendant’s vehicle at one lane to change the course; (b) flown the victim’s vehicle into the front of the Defendant’s vehicle; (c) driving the vehicle at one lane to change the course; (d) driving the vehicle at one point to another; (d) driving the vehicle at one point to another; (e) driving the vehicle at one point to another; and (e) driving the vehicle at one point and another from another to another; and (e) driving the vehicle at the remote distance intersection located in the Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Gangseo-gu, Seoul; and (e) wanting to see whether the Defendant’s vehicle was a dangerous.

The term “self-harm”, “driving immediately,” and “intimidating the operation,” and intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the CD-related Acts and subordinate statutes to report internal history (Attachment of a fluorc image of a damaged vehicle), to capture a black stuff image, to which the CD-related Acts and subordinate statutes apply;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act (Special Intimidation and Selection of Fines) concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334 of the Criminal Procedure Act, which led to the instant crime, seems to have a pipe of the victim’s large fear.

However, in light of various circumstances, such as the defendant's age, sex, and circumstances after the crime, the punishment is determined as ordered by taking account of the fact that the defendant is against the crime, and there is no specific criminal history other than once before and after the fine, the driving of the victim partially caused the occurrence of the instant case, and the defendant's age, sex, and conditions for sentencing.

참조조문

유사 판례

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-서울남부지방법원 2017.03.09 2016고단6005

-서울남부지방법원 2016.01.28 2015고정2437