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(영문) 서울남부지방법원 2020.01.09 2018노1800
특수협박
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. According to the records of mistake of facts, the defendant had no intention to notify the victim of harm, that is, there was no intention to make intimidation, and there was no intention to use the bus operated by himself as a dangerous object.

Nevertheless, on different premises, the court below erred by misapprehending the fact that the defendant was guilty of special intimidation.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: ① the Defendant was able to run a bus at the bus stop near the G market in Geumcheon-gu, Geumcheon-gu, Seoul, after stopping the bus again (the victim was able to drive the taxi by securing a space for driving the taxi; hereinafter “instant situation”); ② the Defendant first started and went through the taxi; ② the victim was able to drive the taxi first, and the victim passed the vehicle following the stop (hereinafter “instant situation”); ③ The Defendant and the victim turned down the bus at the entrance of the door tunnel at the time of stop signals (the bus was two lanes and one lanes) and turned down according to green signal; ⑤ The Defendant again turned down the bus at the left side of the bus immediately after the left-hand turn of the bus, in violation of his right-hand signal at the location of the bus located (the left-hand side of the bus) and turned down the bus again into the cross-road situation (hereinafter “Defendant 2”).

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