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(영문) 대구지방법원 김천지원 2017.08.08 2017고정126
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

On November 25, 2016, at around 19:35, the Defendant: (a) driven the Epic car on the side of the D dormitory located in Kumi-si, Kumi-si; (b) moved to the Epic plane from Samsung C to the Epic plane; and (c) at that time, the Defendant overtakend the victim G (27 tax) who driven a FM5 car on the ground that the FM5 car would go to the opposite direction, and operated the vehicle by stopping the front, on the ground that it would go to the opposite direction.

After that, the victim is able to stop the victim's car ahead again from the defect about to cause damage to the vehicle due to the change of the vehicle, and the victim is placed on the victim's H tin.

The term "domination that they have been called and the attitude that seems to pose a threat to the life and body of the victim was shown.

Accordingly, the defendant threatened the victim by using the car, which is a dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. In light of the following circumstances acknowledged by each of the above evidence, investigation reports (the confirmation of a black stuff image and the closure of a photograph) (the defendant may fully recognize the fact that he/she threatened the victim by using a passenger car, which is a dangerous object, as stated in its reasoning.

① While driving a motor vehicle, the Defendant: (a) while driving the motor vehicle for the off-to-face, brought the motor vehicle for the victim into the border; and (b) maintained the speed with the victim’s vehicle attached on the side of the victim’s vehicle; and (c) brought the car into the hands.

② The Defendant was passing a victim vehicle rapidly and stopped the Defendant’s vehicle in front of the victim’s vehicle by changing the vehicle vehicle.

In addition, the victim's vehicle changed the vehicle line in order to cause damage to the defendant's vehicle, and the defendant changed the vehicle line once again and prevented the victim's vehicle.

Although the defendant and the victim were driving in all, such driving activities of the defendant are abnormal and difficult for the victim to easily predict, and are sufficiently threatening to the victim.

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