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(영문) 울산지방법원 2016.08.18 2016고단2135
특수협박
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 11, 2016, the Defendant driven a B rocketing car, which is a dangerous object, and turn to the left, the three-lanes of the shooting distance of the Gu in Ulsan-gun, Ulsan-gun, U.S., U.S., U.S., the Defendant obstructed the victim’s course by making the turn to the left turn on the two-lanes of the U.S., U.S., U.S., P., U.S., P., U.S., U.S., at the right-hand turn on the right-hand turn on the two-lanes of the U.S., the victim C(50 years old).

피고 인은 위와 같이 좌회전을 한 후 2 차로로 직진하다가 피해 자가 피고인의 후방에서 상향 등을 1회 깜빡이는 방법으로 항의하자 화가 나 급제동을 하고, 피해자가 이를 피하여 1 차로로 차선을 변경하자 피해자의 전방에서 갑작스럽게 1 차로로 차선을 변경하여 피해자로 하여금 이를 피하여 중앙선을 침범하게 하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the occurrence of retaliation, reporting on the violation of traffic, making a train, or photographing vehicles;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 284 of the Criminal Act and Article 283 (1) of the same Act concerning the facts constituting an offense;

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

1. The Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order threatens the victim by making a sudden brake in front of the damaged vehicle or by changing the rapid lane, etc. In that sense, the crime of this case’s crime is not weak inasmuch as the damaged vehicle’s vehicle might cause the bus passengers to go beyond the central line.

However, the defendant is the first criminal without any previous conviction, and the injured person in agreement with the injured person does not want the punishment of the defendant, and the punishment is determined as ordered in consideration of the age, sex, environment, etc. of the defendant and all of the sentencing conditions.

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