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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal by the victim D and his wife E, it is reasonable to view that the defendant threatened the victim with a knife as stated in the facts charged in this case, but the court below acquitted the defendant of the facts charged in this case on the basis of F's statement, there is an error of law by mistake of facts
2. Around September 19:30 on September 23, 2012, the summary of the facts charged: (a) the Defendant threatened the victim with a knife, which is a dangerous object cited by the Defendant, for the reason that the victim D (the age of 35) parked the vehicle, and (b) the Defendant threatened the victim with a knife that is a dangerous object, thereby causing harm to the body of the victim.
3. The lower court determined as follows: (a) as evidence consistent with the facts charged in the instant case, the victim D and his wife, stating that “I knife with only one hand in which the Defendant was extremely in distress, I knife with the other hand in front of the building, and knife with the other hand, I knife an article against the victim and the wife of the victim; and (b) the victim knife with the Defendant’s arms knife with the knife with the knife at the time when the victim knife and knife the Defendant’s knife, I am out of the Defendant; and (c) as evidence duly admitted and investigated by the evidence of the lower court, F worked at the shop above the Defendant at the time, referred to as “I am knife with the Defendant,” and knife the victim’s knife with the victim’s wife, and was knife by the victim.
이후 피해자와 피고인이 서로 욕을 하면서 몸싸움이 시작되었고, 피해자가 피고인의 목을 잡아 피고인을 넘어뜨리고 발로 피고인의 얼굴을 찼다.
A witness shall report that the defendant causes the salking, and it shall be deemed that the defendant causes the salking.