[도로법위반][미간행]
Article 12 (Action Compelled) The meaning of "Assault", "Intimidation", and "voluntary compulsion" as referred to in the Criminal Act.
Article 12 of the Criminal Act
Supreme Court Decision 83Do2276 delivered on December 13, 1983 (Gong1984, 225) Supreme Court Decision 98Do1309 delivered on July 10, 1998, Supreme Court Decision 2003Do5124 Delivered on December 10, 2004
Defendant
Defendant
Incheon District Court Decision 2006No2527 Decided April 20, 2007
The appeal is dismissed.
An act of coercion under Article 12 of the Criminal Act refers to an act committed by force of another person, such as intimidation, etc. that may not be resistanceable violence, life, or body, and an act of coercion means an act committed by force of another person. In this context, an act of resistance-free violence means a case where a physical act cannot be absolutely performed in a psychological meaning or where it is strong in ethical sense. Intimidation means a intimidation that does not have any other method to prevent harm to the life and body of himself or his relatives, and coercion means a case where a person is forced to conduct a specific act by preventing the forced person from making a free decision (see Supreme Court Decisions 98Do1309, Jul. 10, 1997; 2003Do5124, Dec. 10, 2004, etc.).
In light of the above legal principles and records, the court below's rejection of the defendant's assertion that excessive operation was forced shall be justified, and there is no error of law such as misunderstanding of legal principles as to acts committed against or forced by the rules of evidence.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Ill-sook (Presiding Justice)