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(영문) 서울중앙지방법원 2016.10.27 2016고단3903
특수폭행
Text

The prosecution of this case is dismissed.

Reasons

1. On May 5, 2016, the Defendant: (a) around 13:35 on May 13, 2016, the summary of the facts charged in the instant case: (b) around 13:35, the Victim D (the age of 48) was fluored to sell blades, etc. in front of Guro-gu Seoul Metropolitan Government; (c) was fluord by a brush of bathing; and (d) was fluored with a knife knife (the length of 32 cm, the knife length of 20 cm) and knifeed with the victim.

Accordingly, the defendant possessed dangerous objects and assaulted the victim.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant had the intent to use the knife, which is a dangerous object, for the instant crime.

It cannot be readily determined that the victim has abused or used it, and there is no other evidence to acknowledge it.

(1) While the defendant was in dispute with the victim at the time, he/she was in conflict with him/her at the time, he/she was in conflict with the victim, and there is no possibility of threatening or assaulting the victim in knife.

② The victim consistently stated from an investigative agency to this court that “The Defendant knife with the Defendant at the time when knife the Defendant and knife the Defendant at that time, and the Defendant knife the knife with his hand to explain, and the Defendant does not have any threat to the victim in knife,” thereby complying with the Defendant’s lawsuit.

③ Witness of a witness E is also the purport that “at the time, the defendant knife and knife together with the victim, as the defendant knife together with the victim, and the defendant and the victim were in a long-distance extension from the head to the knife, but the knife, the knife of the defendant was not the victim.” As stated in the facts charged in this case, the defendant did not knife the victim as knife.

(4) Subsequent testimony of E concerning the speech and behavior of the defendant and the victim shall be made only.

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