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Of the facts charged in the instant case, the charge of assaulting among the facts charged in the instant case is acquitted.
Reasons
1. Summary of the facts charged
A. Around 22:00 on March 24, 2018, the Defendant said that “The Defendant would die” with a knife, a dangerous object in the kitchen located in the kitchen, while the Defendant was suffering from the house of the Defendant of Seongdong-gu Seoul building C, and the victim had a dispute over drinking as a matter of drinking.
Accordingly, the defendant carried dangerous objects and threatened the victim.
B. The Defendant, at the time and place indicated in the above paragraph (a) above, threatened the victim with the victim’s head by hand, shaking the victim’s head, five times the victim’s face and buck, and the victim’s name was close.
Accordingly, the defendant committed assault against the victim.
2. Determination on special intimidation
A. There is no fact that there was a threat, such as the knife of the victim’s knife in the summary of the defendant’s and defense counsel’s assertion, and the expression “to die.
B. The following circumstances revealed by the evidence duly adopted and investigated by this court: (i) the Defendant consistently asserted from the investigative agency to this court that there was no threat in the victim’s item; (ii) the victim prepared a written statement in relation to the instant case and submitted it to the investigative agency; and (iii) the said written statement merely states that “The Defendant, as described in this part of the facts charged, threatened the victim with the knife in the victim’s item,” did not contain any content that “the Defendant would kill the knife at the top of the knife in the kitchen (Evidence No. 10, a written statement of the victim’s preparation).” (iii) The victim would, upon being examined by the investigative agency, die the Anife in the middle of the dispute, and then die the end of the knife in the middle of the kitchen.”