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(영문) 제주지방법원 2016.06.30 2016고정150
특수협박
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a driver of a low-priced vehicle B.

On November 14, 2015, around 11:40, the Defendant changed the two-lane lines from D S SP in Jeju, to three-lane signal waiting in the two-lane.

Victim E (the remaining, 43 years old) driven a vehicle from the F station on the side of D S S S-distance, and tried to make a right-hand on the D S-distance three-lanes to move to G office, because the Defendant’s vehicle cannot make a right-hand on several occasions because the Defendant’s vehicle could not make a right-hand on the left-hand side, and the victim got a hand-on from the side of the Defendant’s vehicle while driving the bus.

The Defendant: (a) obstructed the victim’s right-hand side in front of the bus of the victim who makes a right-hand transit to the inside of the traffic island beyond the traffic island with a direct change of traffic signal; and (b) threatened the victim by using the vehicle B, which is a dangerous object, for about three minutes, such as a streetlight, while proceeding.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Blue boxes and video CDs;

1. Application of related Acts and subordinate statutes to photographs;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant rapidly and correctly changed the bus in front of the bus operated by the damaged person by using a dangerous object and causing a threat to the bus operation of the damaged person, and the crime is not good and dangerous in light of the means and results of the crime.

However, at the time, the victim provided the main cause of the occurrence of the instant case due to the following reasons: (a) the victim could not circumvent his bus because of the defendant waiting for the signal, and (b) the victim could not use his bus bypassing it several times, and (c) the defendant would have a strong desire to

In addition, the Defendant is prior to committing the instant crime.

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