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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the Defendant carried dangerous knife and did not threaten the victim.
2. In light of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the Defendant’s knife, which is a dangerous object, as stated in the facts charged, can be sufficiently recognized.
① 피해자 D은 수사기관에서부터 제1심 법정에 이르기까지, 피해자는 당진시 소재 C아파트 103동 802호에 거주하고 있었고, 피고인은 그 옆집 801호에 거주하고 있었는데, 피고인이 저녁 때마다 괴성을 지르거나 벽을 쿵쿵치는 등 소음을 발생시켜 피해자가 피고인에게 여러 번 항의하였고, 2014. 5. 2. 01:07경에도 피고인에게 이를 항의하려고 피해자의 딸과 함께 801호 현관문 앞에 서서 피고인을 부르자, 피고인이 문을 열더니 오른손에 부엌칼을 들고 피해자에게 찌를 듯이 들이대면서 욕설을 하여 경찰에 신고를 하였다며 구체적이고 일관되게 진술하고 있다.
② As seen above, E, a witness, also has consistently stated that the victim E, who was the witness, had the victim at an investigative agency to the court of first instance, told him/her that he/she would take the knife of a knife if he/she met only once.
③ The police officer, upon receiving the victim’s report, continued to have the victim’s statement before 801, went into the victim’s statement, and stated that the Defendant continued to have sexual intercourse with the victim, and that the police officer, upon entering the victim’s statement No. 801, expressed that he/she had expressed a serious behavior, such as asking the victim about the details of the victim’s report, and intending to look for the victim’s house.
(4) According to on-site photographs, the house of the defendant was in the state of a studio, room floor, bathing room, etc., including visits, and metal on the inner floor of the entrance.