(영문) 창원지방법원 2014.01.22 2013고단2581

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(영문) 창원지방법원 2014.01.22 2013고단2581

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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1. The defendant shall be punished by imprisonment for six months;

2. Provided, 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

Around 21:00 on June 25, 2013, the Defendant, at a restaurant in E’s dormitory located in Kimhae-si, Kimhae-si, and around 21:00, in the course of dispute between the victim C (32 years of age) and the worker F of Vietnam, expressed the victim’s desire to “F” as “sprinking and sprinking,” and expressed the victim’s desire to “sprinking and sprinking,” and threatened the victim with a knife, which was a dangerous weapon cited in his hand, with a knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of witness G;

1. As a result of CCTV verification, in light of the following circumstances, the part concerning the facts charged in the instant case among the witness C’s legal statement, the credibility of the witness C’s legal statement, and the Defendant’s legal assertion is difficult to believe.

(1) A witness C’s statement is generally consistent with each other from an investigative agency.

② According to the results of CCTV verification, it is acknowledged that the Defendant got back to the place where other Vietnams are disputed with the victim, and that the Defendant was pushed back by the neighbors (Provided, That it is not possible to confirm at all about each person's behavior at the place where the dispute was occurred due to light inside the image), and that prior to that, there is a lot of room for seeing that there was a threat to the Defendant’s knife on the part that other Vietnams who did not fight against the Defendant and other Vietnams.

③ Inasmuch as the fact that the victim was knife at the time was knife, etc. is recognized by the Defendant and also by the testimony of the witness G, it is apparent that the victim was a threat to the Defendant’s behavior.

However, the actions asserted by the defendant alone are to mislead the victim into being threatened by the defendant.

유사 판례

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