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(영문) 인천지방법원 2018.01.19 2017고정2718
특수협박
Text

Defendant shall be punished by a fine of one 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 drives a horse B vehicle.

On September 16:33, 2017, the Defendant, while driving the said vehicle at around 16:33, was driving the said vehicle and driving in the vicinity of the Highway No. 71-ro, 71-lane from the Seoul direction to the Incheon direction, the Defendant was willing to take a retaliation against the Defendant on the ground that the D-Wed vehicle driven by the victim C (V) changed its course from the two lanes to the first lane, and obstructed the course of the vehicle he drives.

In this regard, the Defendant had threatened the damaged vehicles, which flowed into the first lane by changing the lanes from the 2nd parallel to the 2nd parallel in the vicinity of the New Highway, the 71th parallel in Silung-si, to the second parallel in the direction of the centralized separation.

Accordingly, the defendant threatened the victim by using dangerous objects or the above vehicle, which is a deadly weapon.

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 for internal investigation reports (the investigation of DNA 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;

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

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

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