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(영문) 수원지방법원 2018.06.21 2018노1303
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

When the defendant temporarily stops due to the unexpected driving of the victim, the main reason for appeal is to change the vehicle immediately after the rapid change of the vehicle, overtake the victim's vehicle, and change the vehicle rapidly in the future of the victim's vehicle without any operation of direction direction or safety distance, and stop the victim's vehicle at a speed reduced without any particular reason.

In addition, according to the black image, the windows of the defendant's vehicle were landed, and the material was faced with the victim's vehicle.

According to the above circumstances, although the defendant was found to have operated the vehicle after changing the vehicle with the intention to threaten the victim and had goods on the victim's vehicle, the court below found the defendant not guilty of the special intimidation, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination:

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant, even if there is suspicion of guilt, such as the defendant’s assertion or defense is inconsistent or unreasonable.

B. According to the evidence duly adopted and examined by the court below, the victim's vehicle runs along with the victim's vehicle by lowering speed more than necessary by the victim's vehicle at the vicinity of the place where a simple separation is installed between the vehicle traveling between the vehicle driving on an expressway and the ordinary bus line, and the vehicle of the defendant and the victim's vehicle are disturbed, and the defendant closes the window of the driver's seat until the above point reaches the point.

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