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(영문) 제주지방법원 2016.12.22 2016노353
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of all the evidence presented by the prosecutor, the fact that the defendant has threatened the victim with a dangerous vehicle, and that there was a criminal intent to intimidation and damage property to the defendant.

2. Determination

A. On September 23, 2015, the Defendant: (a) driven a large bus of C on September 13, 2015; and (b) driven a three-lane road in the vicinity of the Cirst vehicle north of Jeju City, along the direction of the Cirst vehicle crossing the Cirst vehicle in the direction of the Cirst vehicle crossing the Cirst vehicle in the direction of the Cirst vehicle crossing the Cirst vehicle in the direction of the Cirst vehicle crossing the Cirst vehicle in the direction of the Cirst vehicle crossing the Cirst vehicle in the direction of the Cirst vehicle crossing the Cirst vehicle in the direction of the Cirst vehicle crossing. As the Defendant followed the Cirst vehicle in the direction of the Cirst vehicle in the vicinity of the Cirst vehicle in the vicinity of the Cirst vehicle.

After immediately changing the course from three lanes to two lanes in order to threaten a rocketing vehicle with the aforementioned complaints, the Defendant: (a) immediately changed the course from three lanes to two lanes; (b) caused damage to the back side of the bus to the repair cost by shocking the front part of the rocketing vehicle to the right side of the bus; and (c) threatened the victim with a dangerous object, such as having the victim drink, etc.

B. The lower court’s judgment 1) According to the evidence, such as the witness D and F’s legal statement, actual condition survey report, investigation report, etc., the fact that the victim’s driver’s vehicle is overtaking the Defendant’s vehicle while entering the two-lanes of the three-lanes, and the Defendant changed the vehicle into the three-lanes, and then the victim’s driver’s vehicle is changed to the two-lanes. (ii) However, at the time recognized by the above evidence, the following circumstances are considered comprehensively based on the road conditions, the victim’s behavior, and the number of changes in the vehicle line between the Defendant and the victim.

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