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(영문) 대구지방법원 김천지원 2015.11.04 2015고단348

특수협박등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the husband of E, a major shareholder of D golf course, and the victim F (the age of 62) is the general member of the above golf course.

1. Around 11:20 on December 20, 2014, the Defendant, at the representative office of the D golf course located in Kimcheon-si, was organized by the H of the said golf course at the meeting of the operation committee at the meeting held by 11 members of the member council, the 11 members of the member council, including the victim, etc., attend the meeting to present a letter of delegation to prove that he/she was present as the representative of E who is the major shareholder of the said golf course.

In this regard, the Defendant, at the time of attending the above operating briefing session, committed an act that seems to inflict any danger and injury on the body of the victim, such as launching electronic percussion locks, which are dangerous articles prepared and put in a bank, into the public, twice again, and launching the victim who was on the face of the Defendant, twice again.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. A person who has obtained permission to possess electronic percussion locks in violation of the Control of Firearms, Swords, Explosives, etc. Act shall not use electronic percussion locks except for the permitted use or any justifiable ground.

On November 7, 2012, the Defendant launched the electronic percussion locks of Paragraph 1 (DH36E), which was permitted on the first credit on the part of the Defendant, twice in the air, and launched twice in the part of the Defendant, even though there is no circumstance to see that the victim or the participant at the time is likely to cause harm to the body of the Defendant.

As a result, the defendant used electronic percussion locks without justifiable reasons in addition to permitted uses.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, J and K;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. Police suspect interrogation protocol against J;

1. The police statement concerning F;

1.K, I, L.