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(영문) 의정부지방법원 2017.04.13 2017고정20
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

Punishment of the crime

On August 20, 2016, around 13:30, the Defendant changed the line from three lanes to two lanes, and operated the said BM passenger vehicle rapidly, on the national highway No. 47 street No. 779, Jinyang-gu, Jinnyang-si, Geumyang-do. While driving the BMW passenger vehicle, the D Bus No. 63, which changed the two lanes from three lanes to two lanes, while driving the BM passenger vehicle.

The Defendant, on the ground that the Defendant did not express that the victim was in an emergency, etc. or was in an unfolded by hand, changed the vehicle line with the above BMW car, obstructed the front of the bus of the victim on several occasions, and obstructed the bus of the damaged person by driving the bus at a one-lane.

Accordingly, the defendant, as a dangerous object, made the victim hotly and threatened with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning interrogation of suspect with regard to C of the police preparation;

1. Investigation report (Submission of suspect C, analysis of video images) and closure of a screen on the main pages of the black stuffs;

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant’s acknowledgement of the criminal facts of the instant case and reflects his mistake; (b) the Defendant’s smooth agreement with the victim; and (c) the fact that there is no history of criminal punishment, etc. are recognized as favorable to the Defendant.

However, the crime of this case, where the defendant committed the so-called "retaliatory driving" that threatens a private victim of bus driving by blocking a bus in front of a bus on board a large number of passengers by using the vehicle, does not correspond to the nature of the crime in light of the contents and methods of the crime. The so-called "retaliatory driving," such as the crime of this case, causes interference with traffic and causes interference to traffic.

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