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(영문) 서울북부지방법원 2018.03.22 2017고정1594
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 C T G37S car.

On June 17, 2017, at around 10:15, the Defendant: (a) sent the signal on the fourth-lanes of the flow distance in the king-dong in Seoul Special Metropolitan City, Nowon-gu, the Defendant got direct signal and started driving, and (b) did not turn on the left-hand direction, etc., and (c) changed the sudden line to the three-lanes of the EM3 passenger vehicles driving in Seoul Special Metropolitan City, Nowon-gu, the Defendant heard the warning light from the damaged person.

After that, while the defendant is proceeding two lanes near G hospital in Seoul Special Metropolitan City, Nowon-gu, the G hospital in Seoul Special Metropolitan City, the front door was opened and the third door of the tunnel room is going behind the victim's behavior, and the victim's vehicle is passing behind his/her own vehicle, but he/she is informed that the victim's vehicle is moving behind his/her vehicle by changing his/her vehicle into a two-lane, and is threatening by using a dangerous object, even though he/she is aware that the victim's vehicle is passing behind his/her vehicle, and continuously threatens the victim by continuously passing the vehicle from a three-lane distance prior to the entrance of the open hill tunnel in the same Gu, and by spreading the traffic from the vehicle in the air at the front of the entrance of the air tunnel in the same Gu.

Summary of Evidence

1. Legal statement of the witness D;

1. A written statement on the occurrence of traffic accidents;

1. Blue bbbbox images CDs for damaged vehicles;

1. Application of Acts and subordinate statutes to investigation reports (verification of black stay images);

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a means of intimidation in the use of dangerous articles), Article 283(1) (a) of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 of the Provisional Payment Order [In accordance with the evidence above, it is recognized that the defendant has made a threat of harm to the victim by means of urgency, dismissal, etc. of an automobile]

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