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(영문) 광주지방법원 장흥지원 2019.01.10 2018고정3
특수폭행
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant is between the tenants who live in a different room in a multi-household, such as the victim B (national: India, South, and 60 years old).

At around 18:00 on July 23, 2017, the Defendant: (a) assaulted the Victim B with a knife, which is a deadly weapon, to send money to his house (family) on the ground that the Victim B was off his own work, on account of the fact that the Victim B was off his work, and that the Defendant committed the assault, such as (i) whether he was in her possession of a knife, and (ii) whether he was in her possession of a knife and sent money to his house (family).”

Accordingly, the defendant, while carrying a knife that is a deadly weapon, assaulted the victim.

B. Around 18:00 on July 23, 2017, the Defendant got a victim of a knife, which is a deadly weapon, on the ground that the victim CMaari-gun, Seoul, Seoul, had a sound that “I would like to send money to the home (family) by doing work (on the prosecution of the manpower). I would like to “I would like to go to go to the family, because I would like to go to go to the family, and I would like to go to do work.”

2. Determination

A. The Defendant’s judgment on special assault consistently asserted that the knife was knifeed by an investigative agency up to this court, but no assault has been committed against the victim. However, the evidence duly adopted and examined by the court (such as photographs taken by the victim) out of the evidence submitted by the prosecutor is difficult to deem that it was proven beyond reasonable doubt that the Defendant committed the assault against the victim.

B. “Intimidation” required to establish a crime of intimidation as stipulated in Article 283 of the Criminal Act, which is generally required for the establishment of a crime of intimidation, is a threat of harm sufficient to cause fear to a person who has become the other party. Whether such a threat of harm constitutes a threat of harm or injury, the tendency of the perpetrator and the other party, the surrounding circumstances at the time of notification, the relationship and status between the perpetrator and the other party, and the degree of friendship

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