(영문) 수원지방법원 2017.01.11 2016노7748 | 리걸엔진

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(영문) 수원지방법원 2017.01.11 2016노7748

특수협박등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. As to the fact-misunderstanding and legal principles of special intimidation among the facts constituting the crime in the judgment below, the defendant, while driving a vehicle into a two-lane, has changed the victim's vehicle from the right side to a two-lane, and has changed the vehicle again into a two-lane in order to avoid a collision with the vehicle forward of the first lane, and there is no intention to threaten the victim.

Therefore, it is not guilty of special intimidation.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the reasoning of the lower judgment on the assertion of misunderstanding the facts and legal principles, the evidence duly adopted and examined, in particular, the video CD (Evidence No. 137 pages) and the witness F of the lower court’s trial, the Defendant was driving the vehicle into a two-lane, and the victim’s vehicle entered the two-lane from the right side to the two-lane, and the direction, etc. was changed to the one-lane, and the victim’s vehicle entered the two-lane, and the victim’s vehicle immediately entered the two-lane. In light of the Defendant’s vehicle’s driving and speed mode at the time, and the distance from the vehicle in front of the Defendant in front of the Defendant, etc., the Defendant need to re-enter the two-lane in order to avoid a collision with the previous vehicle, or for such reason, it does not seem to have changed the two-lane. Therefore, the Defendant could sufficiently recognize the fact that he operated the vehicle in front of the victim’s vehicle in front.

Therefore, the judgment of the court below which recognized special intimidation as stated in the judgment below is just, and the defendant's mistake and misapprehension of legal principles are without merit.

B. The Defendant was forced to leave his own vehicle before another vehicle to determine the unfair argument of sentencing.

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