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집행유예
(영문) 청주지법 2007. 5. 31. 선고 2007고합43 판결

[특수강도{인정된죄명:폭력행위등처벌에관한법률위반(집단·흉기등협박)·자동차불법사용}·폭력행위등처벌에관한법률위반(집단·흉기등협박)] 확정[각공2007.7.10.(47),1486]

Main Issues

In a case where five minutes of a taxi was brought into a taxi with the intention of avoiding compulsory hospitalization, and the driver left the taxi by threatening the driver to get out of the taxi while threateninging the driver to get out of the taxi, the case holding that it was based on the crime of unlawful use of a vehicle, not on robbery against a motor vehicle, but on the crime of unlawful use of a motor vehicle

Summary of Judgment

In a case where five minutes of a taxi was brought into a taxi with the intention of avoiding compulsory hospitalization, and the driver left the taxi by threatening the driver to get out of the taxi while threateninging the driver to get out of the taxi, the case holding that it was based on the crime of unlawful use of a motor vehicle, not on robbery against the motor vehicle, but on the crime of unlawful use of the motor vehicle.

[Reference Provisions]

Articles 331-2 and 334 of the Criminal Act

Escopics

Defendant

Prosecutor

Equitable

Defense Counsel

Attorney Ahn Chang-hwan

Text

A defendant shall be punished by imprisonment for not more than ten months.

The 83 days of detention before this judgment is sentenced shall be included in the above sentence.

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

The excessive one (No. 3) seized shall be confiscated.

Criminal facts

Defendant,

1. At around 09:20 on March 9, 2007, Nonindicted 2 (38 years old), Nonindicted 3, a staff member of the Cheongju High School Co. 1, intended to transfer the Defendant to a mental hospital on the roads in front of the Cheongju High School located in the Cheongju-dong, Chungcheongnam-gu, Chungcheongnam-si, Cheongju, and expressed their attitude that “Woo-kin will flick, Sick-kin, Sick-kin, Sick-kin, Sick-kin, Sick-kin, Sick-in, Sick-in, Sick-in, Sick-in, Sick-in, and Non-Indicted 3, a staff member of the patient transfer group of Nonindicted Co. 1, intended to transfer the Defendant to the mental hospital.”

2. At around 09:30 on the same day, in front of the Chungcheong University located in the same Dong-dong, Nonindicted Co. 1, the employees of the said Nonindicted Co. 1, demanded the victim Nonindicted Co. 1 to take a driving (vehicle number omitted) of the victim Nonindicted Co. 4 (age 49) to drive the vehicle and drive the vehicle at the victim Nonindicted Co. 4 (age 49), but the victim was unable to drive on the road because of the defect that the road cannot be obstructed, and the above excessive restriction, which was sent with left hand, seems to pose any danger to the victim’s life, body, etc. by threatening the victim’s "off from the vehicle" while threatening the victim to "off from the vehicle," and used the victim’s vehicle temporarily without the victim’s consent. In such a way, the victim gets the victim from the said taxi and let the said taxi take the vehicle from the above taxi to the road near the Cheongju-si Station located in the same Dong for about five minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the trial records once again;

1. The witness Nonindicted 4’s legal statement

1. Each police statement made against Nonindicted 2 and 5

1. The existing existence of one excessive (No. 3) that has been seized;

1. 112. The receipt and handling table of report; and

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act (the occupation of intimidation by carrying each deadly weapon) and Article 331-2 of the Criminal Act (Unlawful Use of Motor Vehicles)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act [The punishment provided for in the above crime against Nonindicted 2 of the Act on the Punishment of Violences, etc. referred to in paragraph (1) at the time of sale shall be imposed among the crimes of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and

1. Selection of punishment;

Imprisonment with labor for unlawful use of motor vehicles

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Violence, etc. against Non-Indicted 4 who is the largest punishment and the severe punishment for the crime]

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (Considerations such as the fact that the defendant committed the crime of this case with intent to escape from compulsory hospitalization in a mental hospital, and that the defendant committed the crime of this case with intent to escape from compulsory hospitalization in a mental hospital, and that he/she committed a re-offending in depth with his/her mistake.)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (General Consideration of the Grounds for Discretionary Mitigation)

1. Land to be submerged;

Article 48 (1) 1 of the Criminal Act

Judge Or-An (Presiding Judge) Lee Jin-jin