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(영문) 의정부지방법원 2018.02.22 2017고정2504

특수협박

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case is the driver of the C SP car owned by the Defendant.

On July 9, 2017, the Defendant, around 15:30, 2017, brought about four lanes from the Guri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do-ri-ri-ri-do-ri-ri-ri-ri-ri-ri-ri-

The Defendant: (a) immediately stopped the victim’s vehicle in front of the victim’s vehicle without any warning; and (b) threatened the victim with a dangerous object, such as notification of the date of the accident and interference with the course of the victim’s vehicle.

2. The facts charged in a criminal trial for judgment must be proved by the prosecutor, and the judge should find the defendant guilty with probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of the defendant's guilt, it is inevitable to determine the defendant's interest as the defendant's interest (see Supreme Court Decision 2003Do3455, Sept. 2, 2003, etc.). According to the following: the victim's statement, the victim's image, etc., the defendant driving a four-lane road of the Jingu ICT road of this case where the defendant is traveling along the fourth-lane vehicle while the defendant driving along the fourth-lane road of the Jingu ICT road of this case where the defendant was traveling along another road along the right side of the above road.

The fact that the defendant tried to change the lane to a four-lane, the defendant immediately before changing the lane to the above four-lane, and immediately after the overtaking, can recognize the fact that the defendant was overtaking the victim's vehicle, and immediately after the overtaking, the defendant's rapid stop.