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(영문) 울산지방법원 2020.12.24 2020고단4059

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 July 10, 2020, at around 08:17, the Defendant driven a three-lane 3rd line road in front of the new road located in the northwest-gu, Ulsan Metropolitan City in the direction of the Dongcheon-dong in the direction of Dongcheon-ro, along with the three-lane in the direction of Dongcheon-ro, while driving a 2nd-lane driver car in the same direction, the victim C(W, 25 years old)'s driving car driving in the same direction is changing the way of the Defendant's course, changing the way of the vehicle in the direction of the Defendant, and rapidly changing the brake system in the direction of the latter.

Therefore, when the victim makes a right-hand in the direction of the Eastwest from the new side of the road to the Eastwest, he saw the left hand from among the left hand outside of the driver's seat and takes the bath, and the defendant threatened the victim by driving the defendant's automobile, which is an object dangerous to chemicalization, to the right-hand line so that the victim can not enter the said vehicle from the side of the victim's vehicle, and then pushing the victim's automobile into the right-hand line so that the victim can not enter the said vehicle, and then the victim is able to move ahead of the vehicle before the victim's vehicle, and the victim changed the vehicle into the two-lane, the victim changed the vehicle to the one-lane, leaving the driver's seat window, leaving the driver's seat door, and leaving the vehicle 's seat'.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant crime is not good, and there are two violent offenses against the Defendant, but the Defendant acknowledges and reflects his/her mistake, the victim did not fulfill his/her duty of care in the course of changing his/her course, and the Defendant is insultd immediately thereafter.