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(영문) 대구지방법원 2015.02.06 2014고단5567

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a representative of the organized violence group D', and the above "D" was formed in the latter part of 1990 and operated mainly around E in 2006, and the organization was partially limited due to the internal conflict in the organization, and the organization members of affiliated groups and neighboring areas were systematically combined in the late 2000s, and the defendant, including the defendant, F, G, H, I, J, K, and K (under the separate arrest investigation), made up of the core members of the organization, and made up the Dong-si as the main stage of the activities, and made a public announcement of the foundation of organization by taking money into the name of protection expenses or participating in various rights against the owners of singing and entertainment establishments, etc., and actively attending the border investigation, etc. of other organized violence groups in the Daegu-si and the North Gyeong-do area and providing notification to him.

1. Around October 2010, the Defendant: (a) knew of the fact that K, a “D” behavior commander, was unable to receive KRW 200,000 from the victim N(45 years of age) as the grant for the “D” rally; (b) made an appearance to the victim on the ground that the amount of the grant is less than the amount; and (c) presented the victim’s attitude that “I would have to contact his/her officers, then I would like to contact him/her with him/her, thereby threatening the victim in a manner that would hinder the business of the said main office operated by the victim or would inflict any bodily injury on the victim.

2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 2012. 8.초순 03:00경 경산시 L에 있는 M 노래방에서, 과거 피해자 N에게 문신가게 운영을 위하여 돈을 지원해 달라고 부탁하였음에도 피해자가 이를 거부한 일로 기분이 나쁜 상태를 드러내면서 피해자에게 "형님은 내가 사업 좀 할라 하는데 좀 보태주지도 않고, 이제부터 형님 인생 쫑입니다,

Neman, v. S., v. S.