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(영문) 서울중앙지방법원 2018.11.15 2018노1886
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. The gist of the grounds of appeal is that the act of the defendant, who concealed the victim and was in a sudden situation before the victim's vehicle, constitutes "in bad faith notification" in the crime of intimidation, and it can be acknowledged that the defendant had the intention of intimidation. Thus, the judgment below which acquitted the defendant of the facts charged is erroneous in the misapprehension of legal principles

2. Determination

A. On May 16, 2017, the Defendant: (a) driven a B B Bata taxi, which is a dangerous object at around 00:40 on May 16, 201; (b) driven the five-lane road in front of Gwanak-gu in Seoul Special Metropolitan City, along three-lanes from the boundary of the new forest basin to the station; (c) on the ground that the E-babb-p motor vehicle driven by the victim D (V, 36 years old) voluntarily makes a right-pass; and (d) moved the said lane into the said lane, the Defendant seems to have shown that the Defendant’s taxi in approximately two km sections near the subway station to the subway station, driving a taxi in the speed of about 10 km, followed the victim’s behind the passenger’s vehicle at the speed of 100 km; and (d) made the victim’s vehicle at the right-hand side of the said passenger vehicle at the front of the said passenger vehicle.

B. The judgment of the court below held that the defendant committed an act of intimidation against the defendant, or had an intentional act of intimidation against the defendant.

It can not be seen that there is no illegality as an act of self-help or a justifiable act for the arrest of a flagrant offender to preserve the claim for damages.

The lower court determined that the Defendant’s act of hiding the victim and blocking the victim’s vehicle does not constitute a threat of harm and injury, and that there was an intention of intimidation against the Defendant.

It is difficult to see

The decision was determined.

(c)

1) According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

◎ 법인 택시 기사로서 두 명의 승객을 태우고 택시를 운행하던...

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