logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.12.22 2017노5244
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant changed the vehicle line in order to avoid or safely stop another vehicle stopped on the road, and it is merely that the damaged person cut off the Defendant’s view by raising the height of the vehicle and operated the vehicle. Therefore, there is no fact that the Defendant driving a vehicle dangerous to the Defendant, thereby threatening the victim.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it is recognized that the defendant was threatened by using his own vehicle, which is a dangerous object, in the same manner as the facts stated in the judgment below.

Therefore, the defendant's above assertion is without merit.

(1) According to the black images of damaged vehicles, the following pages are verified:

In other words, on October 16, 2016, the victim was driving along the two-lanes of the two-lane road in front of the two-lanes in the E-type and the four-lanes in front of the Sinnam-si (hereinafter “the road in this case”).

However, the defendant's attempt to enter the road bypassing from the private distance of the above road to the above-lane of the victim, and the victim continued to drive the two-lane road after sounding the warning.

After that, the defendant could move along three lanes (in accordance with the above black image, even if a large number of vehicles are parked on the above road, this is parked along the four-lane road, and there seems to be no problem for the defendant's vehicle to move along the three-lane road). The defendant's vehicle is running along the two-lane road in the direction of the victim's driving side of the vehicle with the whole wheels of the defendant's vehicle attached to the damaged vehicle on the side of the damaged vehicle. However, without the operation of the Gap's own direction, the vehicle is rapidly changed from the three-lane to the two-lane road to the front part of the damaged vehicle.

arrow