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(영문) 서울동부지방법원 2020.11.27 2020노645
특수협박
Text

The judgment below

The part against the defendant shall be reversed.

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

Reasons

1. The summary of the grounds for appeal is that the defendant did not threaten the victim by using his/her motor vehicle and did not intend to threaten the victim.

Nevertheless, the lower court which found the Defendant guilty of the facts charged of this case erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. A. On October 15, 2019, the Defendant: (a) around 23:42 on October 15, 2019, the Defendant driven the access road to the new Berotop road located in the jurisdiction of the Sucheon-gu Office in the area of the Cerotop (U.S.) in the vicinity of the Cerotop (U.S.); and (b) was felbing the Defendant by a method of cutting the vehicle into the vehicle, on the ground that the victim’s Cgelferer does not yield the concession.

The defendant continued to put the victim's Hegel vehicle into the left-hand side by using the Hegel vehicle, and threatened the victim's above Hegel vehicle with a three-lane and four-lane vehicle.

Accordingly, the defendant threatened the victim by using dangerous things.

B. According to the evidence duly adopted and examined by this court, the defendant attempted to enter the victim's vehicle in the future. The victim was running the vehicle at a speed without allowing the entry of the defendant's vehicle, and the defendant also driven the vehicle at a speed, and the fact that the defendant's vehicle and the victim's vehicle are proceeding near about about 30 seconds is recognized.

However, in light of the following facts and circumstances revealed by taking full account of the above evidence, it is difficult to view that the evidence submitted by the prosecutor alone is an act of the Defendant’s vehicle driving with the intent to inform the victim of harm and injury likely to cause fear.

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