특수협박
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. There is no fact that a mistake of fact does not pose a threat to three times the victim's vehicle into the right side of the vehicle operated by the defendant himself.
B. The lower court’s sentence of unreasonable sentencing (fine 4,00,000) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, that the victim made a specific statement at an investigative agency to the effect that it conforms to the facts stated in the lower judgment and did not find any particular circumstances to suspect the credibility of the statement, and that the images of the CDs, which were recorded in the situation at the time of the instant case, correspond to the victim’s statement, can be sufficiently recognized that the Defendant has threatened the victim’s vehicle with three times into the right side, such as the facts stated in the lower judgment, and thus, the Defendant’s assertion of mistake of facts is rejected.
B. A favorable circumstance is that the defendant does not have a criminal record on the argument of unfair sentencing.
On the other hand, the crime of this case is committed in a zone in which the defendant is prohibited from stopping and stopping without any special reason, and threatens the victim's vehicle, which he/she gets on board, with a heavy bath for the victim, without any justifiable reason, and is a threat to the victim's vehicle that he/she has driven, and the crime of this case is not good in light of the contents of the crime, and is not committed with the victim's consent.
There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.
We do not accept this part of the defendant's assertion.
3. Conclusion.