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(영문) 대전지방법원 천안지원 2017.02.02 2016고정513
특수협박
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving vehicles Ci30.

On March 28, 2016, around 22:01, the Defendant: (a) did not give way to give way to the victim D (42 years old, South) prior to the Defendant’s moving in the direction of entrance into the astronomical direction to the front side of the Seongbuk-gu Seongbuk-gu Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungdong-do. (b) The Defendant, who used to drive E, would not give way to the Defendant’s passing of the bus. Accordingly, the Defendant, who used the vehicle, was frightening the victim by using the vehicle.

Therefore, the defendant tried to stop the damaged vehicle in front of the damaged vehicle and interfere with the course of the damaged vehicle and threatened the risk of the occurrence of the accident by blocking street.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the laws and regulations on video and voice of bus booms and video CDs;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

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 provides that the defendant guilty of the crime of provisional payment order merely stops a vehicle before the victimized vehicle in order to resist the victim, and does not intimidation the victim, but did not have any intention to intimidation the victim.

The charges are denied by asserting that they are facts charged.

However, according to the images and voice of bus booms and video CDs, the Defendant attempted to overtake the damaged vehicle over two times in the center line of yellow solid lines, but failed to overtake the damaged vehicle again. In other words, the Defendant avoided the center line of yellow solid lines, overtaken the damaged vehicle in front of the damaged vehicle and stopped the damaged vehicle immediately before the damaged vehicle, resulting in a sudden stop of the damaged vehicle, and the Defendant, who immediately landed from the vehicle, did not turn off the vehicle to the victim.

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