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(영문) 부산지방법원 2017.01.25 2016고단6787
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle B and 31 ton.

On October 18, 2016, the Defendant driven the above cargo vehicle around 07:50, and tried to change the signal from the front side of the church to the ongoing signal while signaling at the two-lanes in front of the church as the door site located in the Nam-gu, Busan. 46, Nam-gu, Busan. However, on the front side, the Defendant tried to change the course to the one-lane way of the cargo vehicle and the one-way cargo vehicle in the front side.

However, the victim C(20) who is driving in one lane of the above location did not yield the change of the course of the above cargo vehicle that the defendant driven by the victim C(20). The defendant, at the above location, changed the course of the cargo vehicle he driven to one lane and changed to two lanes again after changing the course of the vehicle to one lane, and the defendant changed to one lane in front of the above vehicle that the victim driven by one lane with a speed of speed and changed to two lanes. The defendant changed to one lane from one lane to the two lanes of the above vehicle, and the defendant changed to the two lanes, and the defendant changed to the two lanes of the above vehicle that the victim drives by one lane, and the defendant changed to the two lanes, and the defendant changed to the two lanes of the vehicle that the victim drives by one lane to the two lanes, and the defendant changed to the two lanes and obstructed the course of the vehicle in the future.

Accordingly, the Defendant, who is a dangerous object, threatened the victim while driving the cargo using the cargo driven by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is that the defendant threatened the victim while driving in retaliation as above, and the nature of the crime is not somewhat weak.

However, the defendant is against the defendant, and the defendant agrees with the victim.

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