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(영문) 대전지방법원 논산지원 2012.10.16 2012고정126
협박
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged of this case is as follows: (a) around 12:40 on December 4, 201, the Defendant reported to 112 the victim D (year 46) at the entrance of the site site for the Cyang Project at Seosan-si, Seosan-si, on the ground that the fertilizers loaded on the farm road interfered with the construction work; (b) the police officer dispatched to the site after checking the fertilizers loaded on the road, and (c) the police officer dispatched to the site would take measures to visit or take measures against the victim; and (d) the Defendant, after getting out of the vehicle at the construction site at the above site and getting out of the vehicle, was threatening the victim with a view to preventing scattering dust related to the above construction; and (e) the Defendant threatened the victim by stating that “I will die even if only one of the fertilizers left on the road, I will not die.”

2. Determination:

A. The Defendant’s defense counsel asserts that the Defendant reported that a person who was found to be in a masse in order to spread a fertilizer is scattered at the site of the masse, and that the Defendant’s defense counsel did not say that “any gue would not spread a fertilizer so that it would not have been scattered,” but that it did not mean that he would have caused the victim, such as the facts charged, and that the foregoing speech is merely an emotional verbal abuse, and that it does not constitute a threat against the life or body of the victim.

B. (1) According to the victim’s assertion, the Defendant reported on December 4, 201, 11:50 with respect to the piling of the fertilizer spawn at around 11:10 on December 4, 201, and the patrol vehicle (Eswn) arrived at around 12:10 and decided that the police officer will present an objection. At around 12:40, the Defendant arrived at the scene and threatened the victim with verbal abuse as stated in the facts charged.

In this respect, the defendant is the police officer in the investigative agency.

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