(영문) 서울중앙지방법원 2017.05.18 2016노4782

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(영문) 서울중앙지방법원 2017.05.18 2016노4782

특수협박등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of special intimidation of fact, the Defendant, in his house, was forced to move along the street from the previous vehicle in the process of proceeding along the path, and there was no fact of intimidation by using a motor vehicle he operated, and there was no intention of intimidation.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances revealed by comprehensively taking account of the evidence duly adopted and examined by the lower court, the victim was threatened by using a motor vehicle, which is a dangerous object by rapidly operating the motor vehicle two times after the victim was overtaken the motor vehicle in the future.

It is reasonable to view it.

Therefore, this part of the defendant's argument is without merit.

1) On June 3, 2016, at around 00:39:17, the Defendant: (a) operated a franchise vehicle in the direction of the Cheongdam-dong, Gangnam-gu, Seoul Metropolitan Government in order to change the vehicle, and became a vision for each other on the grounds that the taxi driving by the victim does not yield any concession; and (b) the Defendant opened a window in the direction of the taxi driving by the victim and substituted the car by hand.

2) From around 00:39:35 on June 3, 2016, the Defendant overtakened the taxi that the victim drives, and changed the course from the four-lane to the three-lanes. On the other hand, on the three-lanes around 00:39:40, the Defendant was able to stop the taxi one.

In addition, the defendant and the victim changed the course from the third lane to the second lane, and the defendant re-sponsed the second lane from the second lane of around 00:39:44 to the second two lanes.

3) In relation to this, the victim, in the investigative agency, "the vehicle is driven by the driver on the right side, and he is overtaken by the driver himself, and the sudden re-raids the vehicle to the left side, and then he re-enters the vehicle into a lane on the left side.

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