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(영문) 의정부지방법원 고양지원 2016.05.25 2016고단721

특수협박

Text

Defendant shall be punished by a fine not exceeding seven million won.

If the defendant does not pay the above fine, one day shall be applicable.

Reasons

Punishment of the crime

around 22:39 on February 29, 2016, the Defendant: (a) driven a Cbea cruise car and proceeded to a wave from the side of Seoul, the high-sea, Seo-gu, Seo-gu, Seoyang-gu, Seoyang-si to the wave; (b) despite the absence of adequate distance, the E bus driven by the victim D ( South, 48 years old) passes the bus of the damaged person due to the kidration of the said bus, and (b) the bus driven by the driver due to the driving of the said bus in the Seo-gu, Seo-gu, Seo-gu, Busan, Seo-gu; (c) stopped two times in front of the said bus in the front of the Cbea bus in Seo-gu, Seoyang-gu; and (d) continued to stop the bus of the damaged person due to the defect of the bus and three lanes or more; and (d) made it possible for the injured person to stop the passenger from driving the bus on the road.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

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

1. The crime of this case is not good in that the defendant's reason for sentencing of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order impairs traffic safety by threatening the victim.

However, the victim did not indicate that the defendant was not able to be able to make a sudden change in the ship, and thus, caused the crime of this case, and the crime was committed on the ground that the driving culture considered in our society has not been established.

There is room to see that there is an attitude against the defendant, and that the defendant shows an attitude against the victim and reached an agreement with the victim 2.5 million won.

In the above circumstances, the defendant's age, sex, family relationship, family environment, and crime.