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(영문) 제주지방법원 2016.02.15 2015고정1016

특수협박

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a car in Ctheme.

On July 26, 2015, the Defendant passed the front distance in front of the Jeju Correctional Institution and tried to change the lanes from the second lane to the first lane, while the Defendant was driving on the two lanes of speed 60km/h from the two lanes of speed 1 to the two lanes, even though the Defendant made a proposal on the east-do 2, the south-do Do 2, the south-do 2, the west-do 2, the west-do 201.

At the time, the E-ray damage vehicle driven by the victim D was in progress at the original one-lane. As above, the defendant's vehicle driven by the defendant tried to enter the vehicle as a sudden one-lane, sent a warning sign to the meaning of the warning, and raised it, and the defendant, who caused the accident, was faced with a heavy speed after overtaking the above damaged vehicle in the future.

Therefore, when the damaged vehicle passes through a 300-meter radius from North Korea of Jeju prison using the two lanes on the south side, the Defendant was passing through a 300-meter radius from the other side of the two lanes, and the Defendant was passing ahead of the damaged vehicle in the future by rapidly changing the course from the two lanes that he proceeded to the first one, and was passing ahead of the damaged vehicle.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photograph photographic images of black stuffs;

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;

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

1. Even in light of the circumstances such as the fact that there was an agreement between the Defendant and the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the Defendant is in an economically difficult position, considering the risk of the Defendant’s act, the amount of fine determined by the summary order is excessive in light of the following factors: (a) the Defendant’s age, sex, circumstances after the commission of the crime, etc.; and (b) the sentencing cases in the same similar case.