특수협박등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. In fact, the Defendant, at the time and place indicated in Paragraph 2 of the decision of the court below, reported that the victim was able to sit and stop as well as that of the vehicle, and did not inflict an injury on the victim by shocking the left-hand bridge of the victim with the vehicle.
B. The punishment of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. On October 27, 2016, the Defendant: (a) at the entrance of the “D” charnel located in Gyeonggi-gun, Gyeonggi-do, Gyeonggi-do, Inc., on October 27, 2016, the Defendant: (b) reported that the victim E was seated with his/her client to conduct one-person demonstration; and (c) driven a F car, which is a dangerous object to chemicalize the victim, led the victim to the left-hand bridge of the victim, and caused damage to the victim’s leg that requires approximately one-day medical treatment.
B. The lower court found the victim guilty of this part of the facts charged by comprehensively taking account of the evidence, such as the victim’s legal statement in the lower court, the death diagnosis certificate, and the victim’s side photograph.
(c)
(1) According to the evidence duly adopted and examined by the court below, among the facts charged, it can be recognized that the defendant was making a sudden stop while driving a motor vehicle to the victim who was seated by the inseminator. As such, it did not directly contact the front part of the motor vehicle and the part of the bridge of the victim.
Even in the case of violence, it means the exercise of physical force against a person's body, and it does not necessarily require any contact to the victim's body (see Supreme Court Decision 89Do1406, Feb. 13, 1990). Thus, the defendant's act of stopping a motor vehicle rapidly and stopping the front part in close vicinity to the bridge of the victim's body.