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(영문) 서울남부지방법원 2015.12.09 2015고단4075
협박
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) around 07:54 on December 27, 2014, the Defendant: (b) on the road in Gangseo-gu Seoul Metropolitan City, the Gangseo-gu, the Gangseo-gu Public Health Center; (c) on the three-lane road; (d) on the ground that the taxi vehicle operated by the victim C, a taxi engineer, carried the Defendant at the two-lane road in front of the public health clinic of Gangseo-gu, Gangseo-gu, Seoul, and the Defendant, while driving the Defendant at the two-lanes, carried the Defendant into the above taxi vehicle in front of the Defendant’s D, but (e) on the three-lane taxi vehicle in front of the victim, the Defendant was unable to drive the said taxi due to sudden stop; and (e) on the ground that the victim’s taxi vehicle stops on the three-lane road, and (e) on the part of the victim, spit the victim, embling the victim, and threatened the victim.

2. The facts charged in the instant case are those falling under Article 283(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act.

However, according to the agreement, it is apparent that the victim expressed his wish not to punish the defendant on November 25, 2015, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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