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(영문) 부산지방법원 2016.05.11 2016고정100
특수협박
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Around 17:00 on May 23, 2015, the Defendant driven a C Poter Cargo, and passed the road front of the entrance of the 2107 air carrier station located in the center of the city of Busan, the Defendant, on the ground that the Defendant interfered with the course of the Defendant’s vehicle driven after the passenger vehicle driven by the victim D (37 tax). On the ground that the vehicle driven by the victim of the C Poter was driven by the victim, the Defendant down the vehicle in front of the passenger vehicle driven by the victim, and expressed the victim’s desire to do so from the vehicle.

Accordingly, the defendant threatened the victim by using dangerous articles.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The result of the driver’s license for video recording CD reproduction of vehicles (the victim of the current traffic flow was unable to anticipate that the Defendant’s vehicle, which was one lane for the victim of the traffic flow at the time, was sticked in the two-lanes, would rapidly flow down the vehicle, and there was a risk of an accident or injury, etc. caused by the accident objectively in light of the distance between the vehicle, the speed of operation, the speed of stopping, etc.

보이는 점, 피해자도 깜짝 놀라 급정거를 하였으며 위협을 느꼈다는 취지로 진술하고 있는 점 등의 사정을 종합할 때, 피고인의 행위는 사람으로 하여금 공포심을 일으키게 하기에 충분한 해악의 고지로서 협박에 해당한다.]

Application of Statutes

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

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