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(영문) 대구지방법원 2013.05.23 2012고단5533
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged of the instant case, around August 19, 2012, the Defendant, at around 19:20 on August 19, 2012, 3-4, threatened the victim D (at the age of 47), who was getting a dynamic in front of Daegu Northern-gu C, with a view to taking a bath from the victim, and with a kitchen knife, which is a dangerous thing at his male and female house in the vicinity, 25cm with the kitchen knife (total length) and her head.

2. In a criminal trial, the burden of proving the facts charged charged in the indictment lies with the public prosecutor, and the conviction of guilt is based on the evidence with probative value sufficient for a judge to have the truth that the facts charged are true beyond a reasonable doubt. If there is no such evidence, even if there is a doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest. In light of the following circumstances indicated in the record, although the main evidence of the above facts charged exists a statement between the victim and E in the investigative agency and the court, it is difficult to view that the above evidence submitted by the public prosecutor alone proves the facts charged that the defendant threatened the victim with a deadly weapon to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it.

① As to the statement of the victim, in this court, the victim saw the defendant's knife with the object of the knife system, and stated that the above object may not be a knife, but a knife with the victim's head when knife the victim knife. The victim knife the victim's knife with the victim's knife. The victim stated that the victim's knife could not be considered as the defendant's anything, and the victim stated that it is not a knife.

(2) The following statements made by E to witness to a crime:

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