A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

가. 이 사건 공소사실 중 특수 협박의 점에 관한 사실 오인 피고인이 상향 등을 켠 것은 조작 실수이며 위협할 의도로 상향 등을 켜고 피해자를 쫓아간 것은 아니다.

However, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding guilty of this part of the facts charged.

B. The lower court’s sentence against an unfair defendant in sentencing (2 million won) is too unreasonable.

2. As to the mistake of facts as to special intimidation among the facts charged in the instant case

A. In this part of the facts charged, the Defendant is a person who drives a rocketing individual taxi.

On October 28, 2016, at around 04:20 on the main road of Dongdaemun-gu Seoul Metropolitan Government, the Defendant driven the above vehicle from the flord side of the government.

At this time, the Defendant, following the Defendant’s driving vehicle, brought up the victim F(34 tax) who driven and driven the Ek5 passenger vehicle to the effect that the victim F(34 tax) who driven the vehicle rapidly, was frighted to the Defendant, and frighted to the victim.

A motor vehicle is a dangerous object that may cause many human life damage when it does not drive safely according to its original purpose of use.

Nevertheless, the Defendant changed the lane from three lanes to one lane for the same lane, and threatened the victim with the victim by driving about about 2.5 km of the damaged vehicle while overtaking another vehicle, and by continuously raising the damaged vehicle toward the direction of the vehicle.

Accordingly, the defendant threatened the victim by using the above taxi, which is a dangerous object.

[....]

B. The lower court found the Defendant guilty of this part of the facts charged on the grounds of F’s police statements, black stuffs video CDs, etc.

(c)

1) The term "Intimidation" in the crime of intimidation can cause fear to a person.