(영문) 서울중앙지방법원 2018.06.14 2017고정3764

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(영문) 서울중앙지방법원 2018.06.14 2017고정3764

특수협박

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The defendant shall be innocent.

Reasons

1. On May 16, 2017, the Defendant: (a) driven a B B Bata taxi, which is a dangerous object at around 00:40 on May 16, 201; (b) driven a five-lane road in front of Gwanak-gu in Seoul Special Metropolitan City, along three-lanes from the boundary of the new forest basin to the station; (c) on the ground that the E-Wn-Wn car driven by the victim D (Wn, 36 years old) voluntarily makes a right-pass; and (d) moved the said lane into the said lane, the Defendant seems to have shown that the Defendant’s taxi in approximately two km sections near the subway station, and 10 km away along the victim’s behind the passenger’s vehicle at a speed of about 10 km; and (d) made a threat to the victim’s vehicle at the front of the said passenger vehicle at the front of the said passenger vehicle at a speed.

2. Determination

A. According to the results of the reproduction of the black image, the Defendant changed the line from the front of the victim's vehicle to the rear of the victim's vehicle and proceeded slowly from the victim's vehicle, the fact that the victim's vehicle stops at the vehicle to the side of the victim's vehicle, the situation that the victim's vehicle stops at the vehicle, the victim's vehicle is left behind even when the victim's vehicle is cut down at the vehicle at the rapid speed, and the fact that the victim's vehicle stops at the front of the victim's vehicle is recognized.

B. However, according to the results of the recycling of the black box, although the defendant was going to drive a vehicle in front of a few seconds, it does not seem that the defendant exceeded the vehicle that he drives or interfere with the progress of the vehicle that the victim drives, it cannot be viewed as a threat of harm and injury as referred to in the crime of intimidation, because the short time is less close to the side of the vehicle that the defendant drives and drives in close vicinity to the vehicle that the victim drives, and the act of deceiving and following the behind the vehicle of the victim cannot be deemed as a threat of harm and injury.

In addition, according to the records, the defendant is speeded.

유사 판례

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