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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. According to the evidence submitted by the prosecutor, the court below erred by misapprehending the fact that the defendant was not guilty, and thereby adversely affecting the conclusion of the judgment, even though it can be acknowledged that the defendant, as stated in the facts charged in this case, uses a knife knife as stated in the facts charged of this case, threatened the victim with intimidation, and prices the victim's face and chests several times, thereby causing injury requiring approximately
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant associates with the victim B (V, 50 years of age).
1) At around November 6, 2018, the Defendant threatened the victim at the restaurant “D” operated by the victim C on November 18:30, 2018, the Defendant: (a) made the victim feel guilty of the victim’s telephone reception from the senior male-gu; (b) made the victim turn off the CCTV; (c) put the fire extinguisher and the food knife (the total length of 38cm, the knife length of 26cm) which is a dangerous object in the kitchen at the place where the fire extinguisher and the head of the Gu was located; and (d) put the victim into the knife and the knife on the knife, “I will send the knife image to the victim.” (b) The Defendant threatened the victim at the time and place indicated in the above paragraph 1; (c) did not believe that there is any defect in the victim’s face; and (d) did not take a single treatment of the victim’s knife and the victim’s face.
B. The lower court determined that it is difficult to believe that the victim’s statement in the investigative agency and the court of the lower court as to the facts charged of the instant case is inconsistent, and that it is difficult to recognize the value of evidence supporting the facts charged of the injury as long as the victim’s statement was solely based on the victim’s statement, and as long as the victim’s statement cannot be recognized as credibility. The Defendant is acquitted.