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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged in the instant case was around January 2015, at around 22:00, the Defendant committed an act that would inflict any bodily injury on the victim’s body, following the Defendant’s opinion, at the place where 15 persons gather and hold a meeting by 15 persons from the news report room located in Gwangju-si, Gwangju-si. In response to the Defendant’s opinion, the Victim E (V. 52 years old) would operate two vehicles from the news room.
Accordingly, the defendant carried dangerous objects and threatened the victim.
2. Determination
A. Of the facts charged in the instant case, whether an article constitutes a “hazardous object” generally ought to be determined depending on whether the other party or a third party could feel a danger to life or body when using the article in light of the social common sense in a specific case (see Supreme Court Decision 2010Do930, Apr. 29, 2010, etc.). According to the evidence duly adopted and investigated by the court, the fact that the instant depositary was created by a tree at least one meter in width and length, and is usually seen in singing, and that the Defendant was not displayed by the instant depositary, and the victim appears to have not been perceived as a dangerous object (see, e.g., Supreme Court Decision 2010Do930, Apr. 29, 2010). According to the evidence duly adopted and investigated by the court, it is recognized that the instant depositary was made by a tree, and that the Defendant was not perceived as a harming object (see, e.g., Investigation Record No. 15).
If the material, form, purpose of use, method of use in the crime, awareness of the victim, etc. of the instant depositarys were taken into account, the victim was able to feel a risk to the victim’s life or body.
It is difficult to evaluate, and in light of the purport of punishing the aggravated crime of special intimidation, it is strictly possible to determine whether it constitutes "a dangerous object," which is a constituent element mark.