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(영문) 부산지방법원 2018.05.29 2018고정461
특수협박등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a driver of CA car.

Around 14:45 on February 21, 2017, the Defendant driven the above car and changed the course from the intersection of the D Hospital in Geum-gu, Busan to the right of way, and at the same time, the Defendant was driving the victim E (33 tax) on the one-lane on which the Defendant wants to enter. As such, the Defendant changed the course in a way that does not interfere with the passage of the Obane, and was able to make it clear for the Defendant to change the course.

Therefore, the victim was set up in front of the defendant's car and stopped at a temporarily time, and the defendant, which is a dangerous object, tried to rapidly change the course of the victim's vehicle to a large angle, rapidly stop the victim's vehicle to avoid an accident, resulting in the victim's physical threat.

Accordingly, the defendant carried a motor vehicle, which is a dangerous object, and threatened the victim.

2. The injured Defendant suspended the car at the time and place set forth in paragraph 1, and followed the victim’s face by taking advantage of the drinking and hand floor of the vehicle, and brought about about two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (as to attachment of a statement of opinion);

1. Relevant Article of the Criminal Act, Articles 284, 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, the choice of punishment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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