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(영문) 대전지방법원 천안지원 2016.03.11 2016고단86
특수협박
Text

The sentence against the accused shall be set forth as a fine of four million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 9, 2015, the Defendant was driving a B-1 ton truck with three lanes near the unit, west-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and then operated by the Victim C (49 years old) (49 years old).

D) When the bus enters the three lanes after stopping at the bus stops, the bus rapid change from the third lane to the second lane, and the said truck proceeds at a speed of about 60 km/h, which is a dangerous object due to the act of the victim as above, the victim's act, changing the bus from the second lane to the third lane, shall enter the front of the bus operated by the damaged person, and the victim shall re-enter the two lanes after avoiding it and moving into the second lane, and re-in the second lane after changing from the second lane to the first lane, and as such, as the victim intentionally interferes with the course of the bus operated by the damaged person and threaten the victim to the first lane, the victim's body was threatened.

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (verification of the contents of traffic accident video images);

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. This case does not apply to the sentencing criteria.

2. The so-called automobile retaliation, such as the crime of this case, is not only likely to obstruct traffic, but also may cause a serious danger to the life and body of the other party driver, the passenger, or the surrounding pedestrian. In particular, the vehicle subject to the crime of this case is a bus, which is likely to cause multiple passengers to occur in the event of an accident, and the defendant recognizes and reflects his mistake, there is no record of criminal punishment after 197, and there is no agreement with the victim.

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