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(영문) 청주지방법원 영동지원 2017.06.27 2016고단196
특수협박등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 31, 2016, the Defendant was driving by the victim D (52 years old) who was driving C Child Care Center bus in the range of about 500 meters from the implied intersection where he was allowed to implied arrangement of the Yang River-gun, Chungcheongbuk-gun on May 31, 2016 to the Dong-dong Eup.

E Laun cargo vehicles were driven by driving the said rocketing cargo vehicles to overtake the above bus on board nine sons of the childcare center, and the bus was suddenly cut off or stopped several times, on the ground that they did not yield the course despite the progress of the vehicle.

Accordingly, the defendant, using a dangerous object, threatened the victim with the danger of threat and traffic at the same time.

The criminal facts of this case were indicted as a substantive concurrent crime, but the court examined that there were concurrent crimes as a result of the examination.

Recognizing that it is recognized (see, e.g., Supreme Court Decision 2016No 6041, Jun. 15, 2017) (see, e.g., Supreme Court Decision 80Do2236, Dec. 9, 1980). Accordingly, the expressions of facts charged are partly modified, and the applicable provisions were modified as follows.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Application of photographic Acts and subordinate statutes attached to the investigation report (Evidence No. 6);

1. Article 284, Article 283 (1) (a special intimidation) of the Criminal Act concerning the facts constituting an offense, and Articles 151-2 and 46-3 subparag. 5 (a point of bad driving) of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant did not remove the vehicle in front of the victim’s vehicle or change the vehicle line several times, and the Defendant’s vehicle is dangerous.

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