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(영문) 서울중앙지방법원 2017.08.24 2017노2112

특수협박

Text

The defendant's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing) did not threaten the victim, the court below erred by misapprehending the legal principles and misunderstanding of facts.

The punishment sentenced by the court below is too heavy.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding factual misunderstanding and sentencing, the defendant and the victim's taxi left almost at the same time in order to board the passengers, and the victim's taxi was boarding the victim's taxi, and the victim's taxi was left at the same time, and the defendant and the victim's taxi left the taxi. In this case, the defendant and the victim suffered from the dispute. The defendant and the victim changed the vehicle line in front of the victim's taxi with a different two-lanes from 500 meters away from the defendant's taxi, and the victim's taxi changed the vehicle line in front of the victim's taxi with a different two-lanes from the other 50 meters away from the other 50-meter. In this case, the defendant's second quide part of the victim's taxi can be recognized.

In the above facts, the defendant, while changing the vehicle line to board passengers, stopped over the two-lanes and three-lanes, but the passengers board the taxi of the victim. In the situation where the defendant's taxi prevents the course of the victim's taxi, the defendant's taxi was departing from the place of stopping without delay after passengers board the victim's taxi (the defendant also was on board the victim's taxi, and the defendant was on board the victim's taxi because he did not stop on the side of the taxi, or he was on board the victim's taxi.

I think more and more of them were opened.

Therefore, whether this day is two times or more while driving within the country.

The victim stated that "the victim was breath and start from the place of rest)", and the victim was the defendant's taxi after the dispute with the defendant before the shock of this case occurs.