Violation of the Punishment of Violences, etc. Act (Intimidation, such as Group, Deadly Weapons, etc.)

A person shall be appointed.

The minimum leather (prosecutions) and the number of stuffs (Trial)

Attorney B (Korean National Assembly)

June 25, 2015

The defendant shall be innocent.

1. Facts charged;

On April 2, 2015, the Defendant: around 30, at around 30, the Defendant was running a special public official training hall called “C” for a person who is a person with the special official training program of 9 years special official training group; the Defendant: (a) while driving a Drown with the words “Special Official Training” on the front side of the Drown which is located in the scholarship school of Chuncheon-si, Chuncheon-si; (b) the Defendant passed the vehicle for the victim E (31 years old) while passing the vehicle on the side while driving the vehicle; (c) the Defendant passed the vehicle on the side; (d) the victim passed the vehicle on the side; and (d) the Defendant was willing to walk the border; (d) the victim interfered with the course of the said vehicle; and (e) the Defendant was driving the said Drown on the two-lane which is the right-hand way for the right-hand turn.

In the future, the victim's driver's car in the driving of the driving of the vehicle in the driving of the vehicle, the victim suddenly stops the vehicle in the front of the driver's car, making the vehicle in the front of the driver's car, making the vehicle in the front of the driver's car, making the vehicle in the front of the victim's driver's car, and then the victim threatened the victim with a dangerous object by driving the vehicle in the front of the driver's car.

2. Facts of recognition;

The following facts are recognized in full view of the defendant's legal statement, the statement of the police's statement of the E, the photobox photographs, the images of the CDs, the police against the defendant, and the protocol of interrogation of each suspect by the prosecution.

A. The victim, as an instructor of a male private teaching institute in 1984, was operating the said car with two students of the fifth grade teaching the victim at the back seat of the EXE car on board and driving the said car.

B. While the victim was driving along the two lanes, the Defendant changed the two lanes from the point where the three lanes elapse along the two lanes to the two lanes, and changed the two lanes to the two lanes, and the victim kids in the future in the passenger car of the victim, and the victim saw the horn several times to the Defendant.

다. 피고인의 승합차는 2차선을 따라, 피해자의 승용차는 차선을 변경하여 3차선을 따라 각 진행하던 중 피해자의 승용차가 후평동 방면으로 우회전을 하려 할 때 피고인이 깜빡이를 넣지 않고 급하게 3차선으로 차선을 변경하여 피해자의 승용차 앞으로 끼어들었다 .

D. Accordingly, the victim got a horn several times to the Defendant, and the Defendant stopped in front of the crosswalk in the middle of the righting way.

E. The victim, on the one hand, brought the Defendant’s knb walk walk walk “, etc. walk walk walk walk walk, and the Defendant’s walk walk stopped at all times and re-entered.

F. The Defendant proceeded along the two lanes of three lanes after the right of way, and the victim followed the Defendant’s string line and proceeded along the two lanes following the Defendant’s string line, and sound the Defendant’s stringle twice a horn.

G. The driver stopped along the path of the Defendant, and the victim stopped in the direction of the Defendant by sounding the horn.

H. The victim who was the victim who was frightened by the Defendant with the window of the driver’s seat and returned to the victim’s side, had the Defendant followed, followed by the driver’s license, and had the Defendant sound “assumed.”

I. The Defendant opened a driver’s seat and got off from the vehicle to the victim, and the victim “Sicker Sicker’s micker’s micker’s micker’s micker’s micker’s micker’s macker’s micker, while making a change of the vehicle to the second line, the Defendant changed the vehicle again to the second line, and the vehicle signal reached a red signal address and stopped the signal signal.

(j) At this time, the Defendant’s van stopped along the victim’s car and stopped behind the victim’s car, and the victim led the Defendant to the Defendant, “I am going to follow the driver’s license.” The Defendant “I am to the victim,” and “I am to the victim, and the Defendant and the victim, when the vehicle signal, etc. changed to a green signal, have driven the vehicle.

3. Determination

The act of notifying a person that is harmful to a crime of intimidation shall be based on ordinary language, or, as a case may also be notified by Dong without Hanmadi’s horses (Supreme Court Decision 74Do2727 delivered on October 7, 1975).

However, in order to be called a threat of harm caused by an act, there should be circumstances that can be viewed as an expression of intent that is equally evaluated as the bad faith notice by language.

Therefore, in order to have a notice of harm and injury caused by driving of a motor vehicle, it should be done to the extent that it is obvious that the risk of the accident is high, and that it intentionally intended to cause harm and injury to the other party is likely to cause fears to the other party due to an obvious act, such as intending to shock the other party's vehicle or sudden drinking in the future of the other party.

살피건대, 앞서 인정한 사실로부터 알 수 있는 다음과 같은 사정, 즉 ① 피해자의 승용차가 후평동 방면으로 우회전을 하려 할 때 피고인이 깜빡이를 넣지 않고 급하게 3차선으로 차선을 변경하여 피해자의 승용차 앞으로 끼어들 당시 피고인의 승합차와 피해자의 승용차는 모두 진행속도가 빠르지 않았던 점, ② 피고인은 우회전을 하기 위해 피해자의 승용차 앞으로 끼어든 것일 뿐 피고인이 피해자를 위협하기 위해 갑자기 끼어든 것이라고 볼 증거가 없는 점, ③ 피고인이 횡단보도 앞과 2차선 상에서 두 차례에 걸쳐 정차할 때 피고인의 승합차와 피해자의 승용차는 모두 진행속도가 빠르지 않았고, 피고인은 급정거를 한 것이 아니라 서서히 속도를 줄이면서 정차한 점, ④ 피고인은 피해자를 향해 경음기를 울리거나 아무런 말이나 욕설도 한 사실이 없고, 오히려 피해자가 피고인을 향해 신경질적으로 여러 차례 반복하여 경음기를 울리고 큰소리로 욕설을 하며 소리를 지른 점, ⑤ 피고인의 끼어들기나 두 차례의 정차로 인해 피해자의 승용차가 피고인의 승합차에 부딪힐 정도로 근접한 사실도 없는 점을 종합하면, 검사가 제출한 증거만으로는 피고인이 자동차의 운전이라는 행위를 통해 피해자에게 공포심을 줄 수 있는 정도의 해악을 고지한 것이라고 볼 수 없고 달리 이를 인정할 증거가 없다 .

Therefore, the facts charged of this case constitute a time when there is no proof of crime, and thus, is acquitted by the latter part of Article 325 of the Criminal Procedure

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