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(영문) 대구지방법원 김천지원 2017.09.05 2017고정152
특수협박
Text

The defendant shall be innocent.

Reasons

1. On April 22, 2016, the Defendant, carrying with himself a dangerous object such as a victim F (22 years) who was driving a ice on the left side of the Defendant while driving a ice car in front of the D latter parking lot located in the Gu-U.S. Si, Gu-si, Si-si on April 22, 2016, and threatened the victim with a dangerous object, such as by raising the speed of the victim F (22 years) who was driving a ice on the left side of the Defendant.

2. Determination

A. According to the statements made by the victim F at the time of the police investigation (the 62th page of the investigation record) and the images of the Defendant’s boom CD, the fact that the Defendant driven a car along the two-lanes of the road as indicated in the facts charged that the Defendant tried to change the vehicle on the one-lane of the above road by passing the vehicle on the two-lanes of the road as indicated in the facts charged. The Defendant’s driving method seems to have significantly threatened the victim.

B. However, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the Defendant appears to have been driven as above by negligence in the course of changing the vehicle line at the time of the instant case, and the evidence submitted by the prosecutor alone is insufficient to recognize the Defendant as driving the same as the above facts charged in order to threaten the victim, and there is no other evidence to prove that there was an intention to threaten the Defendant.

① At the time of the instant case, the Defendant and the victim were only driven along the two-lanes on the roads as soon as possible, and there was no dispute between the Defendant and the victim even before the Defendant attempted to change the lanes on the roads in this case. As such, there was no particular reason to threaten the victim.

② The first and second lanes of the instant road are all possible to turn left, and the Defendant attempted to turn the two lanes from which it is possible to turn to the left.

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