The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. According to the prosecutor's appellate brief summary of the grounds of appeal, evidence such as the victim's statement, black booms video CD, etc., the court below found the defendant guilty of the facts charged in this case, although it could sufficiently recognize the fact that the defendant used a motor vehicle as stated in the facts charged in this case, and found the defendant not guilty of

2. Determination

A. The summary of the facts charged in the instant case is a person who drives a first car in the E body owned by D name and registered in D name.

On January 17, 2017, the Defendant driven the above vehicle at around 07:16, and tried to drive one lane from the two-lanes in front of the branch office, Dong, Busan Gangseo-gu branch office, which is located in Busan Gangseo-gu branch, to the G QM5 vehicle for the victim F ( South, 28 years old) driving ahead of the same direction while driving the two-lanes from the private distance of the branch office science complex to the open speed.

이때 피해차량이 서행으로 진행하자 피고인이 라이트를 수회 깜박이며 빨리 진행하라는 표시를 하였으나 피해자가 계속 천천히 진행하였고 이에 화가 난 피고인은 자동차를 이용하여 피해자에게 보복할 마음을 먹었다.

After moving from the first lane to the second lane of the damaged vehicle, the Defendant threatened the damaged vehicle over about 20 meters by moving the damaged vehicle into one lane in close vicinity of the damaged vehicle, accelerating the speed and slowing down the speed.

Accordingly, the defendant threatened the victim by using a dangerous vehicle.

B. The judgment of the court below is just that the victim's boom image of the victim's vehicle submitted as evidence to an investigative agency can be checked immediately after the front and rear of the victim's vehicle and the victim's vehicle can be deleted immediately after the overtaking (as long as the part after the front and rear of the vehicle and the victim's vehicle can be assembled and deleted, the part immediately after the passing of the vehicle can be cut and reconstructed).