(영문) 서울동부지방법원 2017.04.14 2016고정1957

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2017.04.14 2016고정1957

특수협박

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 2, 2016, the Defendant is a taxi driver, and around 03:30 on August 2, 2016, the Defendant was set up a taxi for business use in front of the entrance railway station located in the 2nd-ro, Seoul Special Metropolitan City, the Defendant did not comply with the Defendant’s demand from the victim D (27 years old) who was on board the said taxi to “on the other side of the said taxi to move the taxi, she would interfere with the passage of the vehicle,” and the victim reported that the victim takes the registration number plate on the front side of the said taxi, and that the victim takes up approximately 2 meters from the victim by suddening the said taxi.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Each legal statement of witness D, E, F, and G;

1. Investigation report (related to black boxes and video images);

1. The defendant and his defense counsel claimed that the defendant had an intent to threaten the victim, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court: (a) the defendant and his defense counsel started for the movement of the taxi by reporting that the victim would take a taxi number plate; and (b) hand appears to go to the right side of the taxi; and (c) hand did not have an intent to threaten the victim.

As such, the above argument is not accepted.

(1) Before the victim takes a taxi number plate, the defendant had been punished by the defendant on the ground that he/she has increased his/her speech by receiving a request to move a taxi from G from the next driver of the vehicle behind the victim's moving of the taxi.

② The Defendant started a taxi in front of the right side of the taxi, changed the direction of the taxi toward the victim’s direction, and immediately parked in front of the victim. It is difficult to view the taxi as a method of operation with intent to avoid photographing the victim’s photograph.

(3) At the time, the victim was faced with a sudden body.

유사 판례

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