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(영문) 의정부지방법원 고양지원 2014.07.04 2014고단163
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

The acquittal portion

1. Facts charged;

A. On November 8, 2013, at the home of the victim D (Inn, 19 years of age) located in Gyeyang-gu, Soyang-gu, Goyang-si, the Defendant: (a) expressed the victim’s desire to leave his/her workplace; (b) expressed the victim’s desire to leave his/her workplace; and (c) expressed the victim’s the victim’s end to 2:3 times in his/her hand, while taking the victim’s desire to leave his/her workplace; (d) took a kitchen-type knife with the victim’s body, which is a deadly weapon, at the kitchen; and (e) took the victim’s body, and pushed the victim with the victim’s knife with the victim’s knife that he/she may die at once, with the victim’s knife that he/she may die, with the victim’s knife that he/she may die.”

B. At around 07:30 on November 9, 2013, at the same place, the Defendant was investigated by the police station in relation to the instant case, and then found the victim, and threatened the victim that “I do not open the door, I would tell the victim that I would die of her friendship,” thereby inducing the victim into his hand the excessive amount of a deadly weapon purchased from the door in the front line of the heater, and by stating that “I would kill her her child,” and by threatening the victim with a deadly weapon.

2. We examine whether the Defendant has threatened the victim with a knife and excessive knife, which is a deadly weapon.

Although the victim’s statement was made in an investigative agency as evidence consistent with the facts charged, the victim’s statement is partially different from the police and the prosecutor’s office. In this court, despite being given a warning of punishment for perjury, the victim did not use a knife or excessive knife, and the investigative agency stated that the victim made a false statement. After the prosecution of this case, the victim called the prosecutor’s office to the same effect as the court’s statement before he/she attends the court as a witness, the victim’s statement cannot be accepted as it is

There is no other evidence to acknowledge this part of the facts charged.

Therefore, this part of the facts charged is a crime.

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