(영문) 서울중앙지방법원 2015.01.30 2014노4635

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(영문) 서울중앙지방법원 2015.01.30 2014노4635

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal is that the defendant and the victim were in a state of not good condition, such as establishing and operating a hospital together with a medical college and there was a legal dispute over the operation of a hospital. While driving a vehicle, the defendant's act of changing the course before the victim's vehicle in driving the vehicle or leaving the victim's door to the victim's door constitutes intimidation as a threat to the degree of causing the victim's fear. However, the court below acquitted the charges of this case. Thus, the court below erred by misapprehending the legal principles on the crime of intimidation.

2. Determination:

A. The Defendant established and operated D Hospital around November 201, 2010 with the victim E (the age of 43), but there is a dispute between the victim and the hospital share rearrangement issue. The Defendant was asked from the Daegu District Public Prosecutor’s Office on the ground that the Defendant received rebates from the medical device company on October 2013, 2013, and said that the Defendant was subject to a request for appearance from the Daegu District Public Prosecutor’s Office to be held accountable for the victim’s criminal liability for receiving rebates, but the Defendant was able to obtain the victim as the victim did not know.

1) At around 07:06 on November 11, 2013, the Defendant: (a) while driving a BMW car along the two-lanes along the entrance in the Blackdong in Dongjak-gu Seoul, Dongjak-gu; (b) tried to find out and threaten the victim the vehicle that the victim was driving along the three-lanes in the same direction. The Defendant expressed his attitude that the Defendant would rapidly change the lane to the lane on the left side of the vehicle driving by driving the said BMW car and would cause any harm to the victim’s body, etc., while driving the BMW car in the same direction. The Defendant threatened the victim with the vehicle, which is a dangerous object, around November 15, 2013. (b) On November 15, 2013, the Defendant threatened the victim by taking the vehicle.

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