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(영문) 부산지방법원 동부지원 2020.01.08 2019고정258
특수협박등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On March 1, 2019, at around 12:54, the Defendant was driving a B Twr truck and proceeded two lanes from the two-lanes of the two-lanes in front of the access road to the luminous intersection located in the Namcheon-gu, Busan, to the luminous intersection in the direction of the navigation direction. While the Defendant changed the course from the right joint section of the Defendant cargo vehicle to the left side, the Defendant was affected by the driver C (28 years old) driver's car of the victim C (28 years old) who changed the course from the right side of the freight vehicle to the left side.

The defendant left the car driven by the victim of the above cargo vehicle to the right side on the ground of the lack of harmony, and left the vehicle ahead of the above vehicle continuously, and the victim continuously changed the vehicle line to the one lane and moved the vehicle again, and the victim was trying to block the vehicle of the victim of the above cargo vehicle, and received the victim's driver's first whiteer and fences from the left side of the cargo vehicle loaded on the cargo vehicle and the other side.

The Defendant, using the cargo vehicle, which is a dangerous object, in the above way, threatened the victim, and damaged the market price’s property.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Photographs of the accident site and related vehicles;

1. As to the assertion of the Defendant and his defense counsel, the Defendant and his defense counsel recognized that the Defendant had obstructed the passing due to the sudden operation and the change of the course of the damaged vehicle due to the sudden operation. However, there was no criminal intent of special intimidation and the destruction of special objects, while the victim continued driving the vehicle even though he could avoid the collision, and instead, the Defendant and his defense counsel denied the instant crime by asserting that the Defendant had intentionally collisioned the hand on the right by plucking and digging up hand on the right side.

However, the following circumstances acknowledged by the evidence duly adopted by this Court, and ① The Defendant is the victim’s death at this Court and the investigative agency.

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