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(영문) 대구지방법원 상주지원 2014.11.11 2014고단485
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
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A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On August 15, 2014, at around 22:10, the Defendant sent a sound to the wife of the victim in relation to calculating the drinking value while drinking alcohol at a store operated by the victim D(57).

Accordingly, from the victim, I would like to see the word “it is impossible to use the word “I am............................ I see the sound “I am............................................................, in the restaurant of the camping site in the above B camping site, they had a food knife (34cm in total length, 2

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (six pages of investigation records);

1. Application of Acts and subordinate statutes to the police statement of E (Investigation Record No. 12);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The claimant's act is justified because the defendant's act constitutes self-defense because the defendant's act fell under self-defense because the victim continued to be a trial cost for the defendant, and the defendant was knife that is dangerous to defend him.

2. In full view of the following: (a) the Defendant, not a simple means of defense; and (b) at the time, committed the act of entering the facts of the crime with the intent of attack against the victim; (c) the Defendant’s act cannot be deemed as an act to defend the victim’s unfair infringement; and (d) the Defendant’s act cannot be deemed as an act to defend the victim’s wrongful infringement.

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