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(영문) 제주지방법원 2016.05.19 2015고정1074

특수협박

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 the C SP area.

On September 23, 2015, at around 00:49, the Defendant, using four lanes from the 4-lane 4-lane road at the city of Jeju, is proceeding straighten distance from the bank of Korea to the 3-lane gate, and the Defendant, using three-lanes, straightened from the 3-lane, while driving the damaged E vehicle driven by the victim D to the string of Sastro, the vehicle was driven by the victim D to the string of Sastro, and the vehicle was driven by the string of Sastro to the 3-lane ray.

The defendant had entered the damaged vehicle into the three-lane in which he had been driving, and obstructed driving, and he was overtaken the above damaged vehicle in the future, and he was frightened with the rapid operation of the damaged vehicle at the same time.

Therefore, when the damaged vehicle passes through the road side of the “G” located in Jeju City F by using three lanes of the three lanes of the three lanes in the letter of letter, the Defendant was passing ahead of the damaged vehicle in the middle of the two lanes in which the damaged vehicle is running, and he was passing ahead of the damaged vehicle in the middle of the two lanes in which the damaged vehicle is rapidly changing from the three lanes in the direction of the damaged vehicle, and led to a threat by preventing the damaged vehicle from driving ahead of the damaged vehicle at approximately eight seconds.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each written statement of D;

1. Investigation report (repair of a video file for a black box and attaching the above video CDs), black stuffs video storage CDs;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of an editing photograph for video recording of a black stuff), and to editing photographs for video recording of a black stuff;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the defendant's and his defense counsel's assertion was committed by the defendant at the time of the instant case.