However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

[2013 Highest 1483] The defendant and the victim B (the age of 48) are partners related to auction.

피고인은 2013. 3. 21. 18:40경 수원시 영통구 C 소재 D약국 앞 노상에서, 피고인이 피해자를 폭행하고 피해자의 재물을 손괴한 사실로 벌금을 납부하게 된 것에 화가 나 피해자가 타고 있던 차량을 세우고 미리 소지하고 있던 흉기인 접이식 칼(칼날 길이 한 뼘 정도)을 꺼내어 피해자에게 ‘이 칼을 20년 만에 들었다’라고 말하며 피해자가 타고 있는 차량에 다가가 차량 창문 쪽에 칼을 들이대며 찌르는 시늉을 하여 피해자를 협박하였다.

[2013 Highest 2059] The Defendant purchased the land located in Jeju-do through auction while running a real estate auction-related business with the victim B (n, 49 years of age), and registered it in the name of the victim, and requested the victim to set up a collateral security on the land at his/her own share, but was rejected by the victim, and was dissatisfied therewith.

On April 30, 2013, the Defendant reported the disturbance to the police by finding the victim's residence located in the Young-gu EM No. 105 of the Young-gu, Suwon-si, the Defendant damaged the victim's property by breaking the glass window and the crime prevention window and breaking the victim's property in a way that the victim's property is not in repair cost, by breaking the glass window and the crime prevention window at around 03:55 of the same month, which is a dangerous object prepared in advance by finding the victim at the above location at around 03:55 of the same month.

Summary of Evidence

[2013 Highest 1483]

1. Defendant's legal statement;

1. Statement made by the police with regard to B (2013 high-ranking2059);

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the scene of the case and criminal implements photographs;

1. Articles 3(1) and 2(1)1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 283(1) of the Criminal Act, and Article 3 of the Punishment of Violences, etc. Act.