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(영문) 대구지방법원 2016.11.25 2016노3433
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the grounds of appeal, the fact of intimidation is sufficiently recognized by the defendant on the grounds that the defendant was under threat by taking balk, stopping, etc.

Nevertheless, the lower court erred by misapprehending the fact that the lower court acquitted the Defendant of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the lower court found the Defendant not guilty of the facts charged in the instant case on the ground that the Defendant did not turn on the direction direction, etc., and did not resist the direction, and that it was not sufficient to recognize that the Defendant stopped the vehicle to the right side of the lane, and that it was difficult to recognize that the Defendant followed the balke or stopped the vehicle with the intent to threaten D solely on the above evidence.

B. In addition to the circumstances revealed in the lower court’s judgment, it is reasonable for the lower court to have acquitted the Defendant of the facts charged in this case, and there was no error by misapprehending the facts as alleged in the prosecutor’s grounds of appeal, thereby affecting the conclusion of the judgment.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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