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(영문) 수원지방법원 2014.06.25 2014고단514
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Of the facts charged in the instant case, the charge of violating the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) shall be acquitted.

Reasons

Parts of innocence

1. The summary of the facts charged (the point of violation of the Punishment of Violences, etc. Act (a collective action, threat of deadly weapons, etc.) is in de facto marital relationship with the victim C from 1995;

At around 03:10 on November 14, 2013, the Defendant, at the house of the Defendant and the victim, operated a passenger car under the name of the victim SP in Suwon-si, Suwon-si, Suwon-si, the Defendant: (a) applied a car in the name of the victim, and did not pay taxes, etc.; (b) applied to the issue that the Defendant did not pay taxes, etc. to the victim; (c) applied to the victim during the dispute with the victim; (d) fluencing the victim’s eye with a bad finger, thereby threateninging the victim as with the victim’s eye; and (d) brought the victim with a sound knife (21cm on the knth of the knife) which was a deadly weapon in the front line, and brought the victim a knife to the front door.

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

2. Determination

A. The Defendant asserts that, with C’s knife, he was the knife and was the knife, he was knife onto the knife, and that there was no threat by carrying the knife.

B. There is only a statement of the police statement against C as evidence directly consistent with the facts charged that the defendant threatened C with C by carrying the knife.

C. However, C bears the testimony that: (a) the Defendant appeared as a witness in this Court and made statements; (b) the Defendant was scarfed only with the fact that he was scarfed, and there was no intimidation; and (c) the Defendant testified that the Defendant made a false statement by reporting 112 even though he was aware that he was in the process of a fine in arrears.

Meanwhile, according to the evidence, ① the person who reported 112 was the defendant, ② the victim escaped from the police due to the first 112 report of the defendant, ③ the victim was arrested by the police due to the second 112 report of the defendant, and the victim was detained in the workhouse for a certain period.

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