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(영문) 전주지방법원 2016.12.27 2016고정703
특수협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

On May 23, 2016, at around 19:32, the Defendant operated B B Pobbbbf trucks, and proceeded to turn to the left the right of the road front of the Busan-dong Agricultural and Fishery Product Center at the parking lot of the Agricultural and Fishery Product Center in the direction of the use, elementary school.

However, at the time, the victim C (EMW730) driven a car, driving DMW730, going straight ahead of the two-lanes in the direction of the use and elementary school in the right high school, and reported the above vehicle to the defendant and made a warning once. The defendant, who was in turn, was frightened to the victim.

After the left-hand turn, the Defendant overtakeed the damaged vehicle to the left-hand side of the damaged vehicle, and threatened the damaged vehicle by taking the balke, and the victim frighted into the two-lane course.

However, the defendant changed the course to a two-lane and prevented the damaged vehicle while driving the vehicle, and the victim changed the course to a one-lane, and the victim changed the course to a one-lane, resulting in a threat to the victim so that the risk of the occurrence of the accident, such as changing the course to a one-lane road, making a sudden operation, etc., was caused.

Accordingly, the Defendant threatened the victim using a vehicle with approximately 500 meters away from the above place to the front distance of Samcheon-dong, Samcheon-dong, Samcheon-dong, Samcheon-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement to C by the police;

1. Each investigation report (the attachment of a video material and a photograph of a screen image to the head of the household) (the defendant denies the criminal intent. However, in full view of the results of the examination of the evidence on the so-called black stay images recorded at the time of the instant case, it is recognized that the defendant's vehicle passed the damaged vehicle before passing the damaged vehicle and continuously obstructed the progress of the damaged vehicle by driving the vehicle immediately and blocking the front of the damaged vehicle. Therefore, it is sufficient to recognize the criminal intent of the defendant). The application of the law

1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;

1. Detention at a workhouse;

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