특수협박
The defendant shall be innocent.
1. On December 16, 2017, the Defendant: (a) driven the said taxi, which is a dangerous object at around 21:30 on December 16, 2017, and driving the said taxi at the night-dong in Ulsan-gu, Ulsan-do; (b) took four lanes in front of the modern Dong office located in Ulsan-gu, Ulsan-gu; and (c) took a large amount of borders on the part of the victim D (34 years old) E-V or car, on the ground that the vehicle interferes with its course, on the ground that the vehicle interfered with its course; (d) took a shade and drive on the left side and right side; and (d) took a stop in the vicinity of the camping distance, the Defendant opened the window and expressed it to F (33 years old) who is the wife of the victim and the victim.
Accordingly, the defendant carried dangerous objects and threatened the victim.
2. Determination
A. The burden of proof for the crime prosecuted in a criminal trial includes the prosecutor's burden of proof, and the finding of guilt must be based on evidence with probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). Meanwhile, Articles 284 and 283(1) of the Criminal Act provide that a person who threatens by carrying a dangerous object shall be punished as a special intimidation. This includes not only the possession of a dangerous object, but also the wide use of the dangerous object (see, e.g., Supreme Court Decision 97Do597, May 30, 1997). "Intimidation" is a threat of harm and injury to the other party, and whether it constitutes a threat of harm and injury between the perpetrator and the other party at the time of such threat.