(영문) 춘천지방법원 2020.12.02 2019노769 | 리걸엔진

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(영문) 춘천지방법원 2020.12.02 2019노769

특수협박

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (person who is a factual error) did not threaten the victim using cargo vehicles as stated in the facts constituting the crime of the lower judgment.

B. The prosecutor (e.g., imprisonment with prison labor for eight months and two years of suspended execution) of the lower court is deemed to be too uneasible and unfair.

2. Determination

A. The court below rejected the Defendant’s assertion of misunderstanding of the facts as to the Defendant’s assertion of misunderstanding of the facts, and the court below rejected the Defendant’s assertion of misunderstanding of the facts.

In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below can find the facts that the defendant interfered with the course of the victim's vehicle by driving the cargo vehicle and suffered from the victim's vehicle. Thus, the court below's judgment which found the defendant guilty of the facts charged of this case did not err in matters of mistake of facts.

① According to the black box image (Evidence No. 38 of the Evidence Record) and the black image of the cargo vehicle driven by the Defendant (Evidence No. 37 of the Evidence No. 37), it is recognized that the Defendant: (a) driven an Arabic on November 3, 2018 and attempted to enter a two-lane of the front section of the 1761 Person No. 44 of the Round tunnel No. 1761, Jin-gun, Gangwon-do, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-do; (b) caused the Defendant to stop a two-lane vehicle following the Defendant’s cargo vehicle by driving a cargo vehicle, and (c) caused the Defendant to drive a two-lane vehicle following the Defendant’s cargo vehicle in the manner of stopping the cargo vehicle.

② In addition, according to the black image (Evidence No. 38) of the vehicle driven by the victim, the victim would drive the vehicle from the two lanes following the defendant's cargo vehicle which the victim stops after stopping as above, and change the vehicle to the one lane.

유사 판례

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