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(영문) 서울중앙지방법원 2016.07.06 2016고정1454
특수협박
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a bus operator, a vehicle number C, and a 42 passenger bus (airport bus D) who operates an airport bus in the “airport operating plan”.

On December 3, 2015, the Defendant, at around 18:53 on December 18, 2015, had approximately eight passengers on the fourth line of the Seoul Olympic Games (the direction of the Kimpo Airport in the lock room), and had a frento car operating the bus to the Kimpo Airport with the victim E (42 kn, South) while operating the bus.

이에 피고인은 상향 등을 켠 상태로 3차로 상에서 피해자를 약 1km 정도를 쫓아오던 중 피해자의 우측방향 5 차로가 비어 추월할 수 있게 되자 4 차선으로 주행 중인 피해자의 옆 차선인 5 차로로 비상 깜빡이를 켜고 추월을 하였다.

The Defendant, as stated in the victim’s vehicle “knife knife,” caused the victim to be faced with the risk of dump trucking the Defendant’s bus on the left-hand side of the victim by intentionally stopping the vehicle, and immediately after stopping the bus on the three-lane line, sent it to the victim’s driver’s seat, and threatened the victim with the harm, such as “on the right-hand side of the vehicle, the vehicle will be reported to the police as dump, and the vehicle will be driven by dump.”

Accordingly, the defendant threatened the victim by using a bus which is a dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Details of the victim’s e-mail information;

1. Bluice stuffs images submitted by the person under consideration;

1. Blue images of damaged vehicles;

1. Application of the Acts and subordinate statutes governing the video CDs of damaged vehicles;

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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