특수협박
The defendant's appeal is dismissed.
1. The judgment of the court below which found the defendant guilty of the facts charged in this case even though the defendant's vehicle has ceased due to the change of speed and the defendant's vehicle did not have an intention to drive retaliation against the defendant.
In addition, the punishment of the court below (4 million won) is too unreasonable.
2. In the event that the appellate court’s judgment on the assertion of fact finding intends to re-examine the first instance judgment after re-evaluation of the first instance judgment even though there is no new objective reason that may affect the formation of proof in the process of the trial, there is a reasonable ground to deem that the first instance judgment was clearly erroneous, or that the argument leading to the acknowledgement of fact is considerably unfair because it is contrary to logical and empirical rules, etc. In addition, without such exceptional circumstance, the first instance judgment on the acknowledgement of fact by the first instance judgment shall not be reversed without permission (Supreme Court Decision 2016Do18031 Decided March 22, 2017). In full view of the following circumstances, based on the foregoing legal doctrine, the lower court’s judgment is just and acceptable, and the Defendant’s assertion of fact finding is difficult to accept.
(1) There is no objective reason that may affect the formation of new convictions in the trial of a political party.
② There is no reasonable ground to deem that the lower court’s determination as evidence was clearly erroneous or that the argument leading to fact-finding is considerably unfair due to a violation of logical and empirical rules.
③ According to the black image, the Defendant immediately stopped and stopped the boom when the victim’s vehicle was raised.
(4) The defendant has stopped or left behind a motor vehicle due to a change in the speed of the motor vehicle.