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(영문) 청주지방법원 2015.11.13 2015고단1500

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

Acquittal of the accused shall be acquitted.

Reasons

1. Facts charged;

A. On April 1, 2008, the Defendant: (a) around 01:15 on April 1, 2008, the victim B, a victim B (the 46-year-old age), who works for the victim B (the knife), was under the influence of alcohol, was on the top of the car operation of the F Acardididiy, driven by the knife Party B; (b) was pushed the knife (the knife length of the knife) of the knife of the knife, which is a dangerous object through windows; and (c) instructed the victim to sit the knife on the knife on the knife on the knife on the left side of the knife; and (d) the victim, a knife, who was under the influence of alcohol, was on the right side of the knife.

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

B. The Defendant for special intimidation against the victim G is above A.

While threatening B in the same manner as the date, time, place, and place stated in the claim, the victim G (the age of 29) expressed that the other employee in the above charge would hear the emergency bell sound, and that the victim G (the age of 29) would be "h" to speak the Defendant, and the victim would not be 50cm in the length of the dangerous article (the total length of 50cm).

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

2. All of the facts charged in the instant case are crimes falling under Articles 284 and 283(1) of the Criminal Act, and the statutory penalty is imprisonment for not more than seven years or a fine not exceeding ten million won. As such, the statute of limitations under Article 250 of the Criminal Procedure Act and Article 50 of the Criminal Act and Article 249(1)4 of the Criminal Procedure Act shall be seven years. The indictment in the instant case shall be pronounced acquitted under Article 326 subparag. 3 of the Criminal Procedure Act, since it is apparent in the record that the prosecution in the instant case was instituted on September 22, 2015 when seven years have already passed since the criminal act was completed.