A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 28, 2012, at the Seo-gu Seoul office around 12:58, the Defendant: (a) claimed the victim D (the 32 years of age) who is a workplace club, and the day-to-day business problem; (b) held the kitchen knife (the length) which is a dangerous object in the restaurant, and (c) held the victim who was seated in the restaurant, “I am knife, knife, knife, and knife.” (the 42cm in length). In addition, the Defendant took an attitude that would inflict a bodily injury on the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to photographs, such as arche and camping boats;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that there is no criminal record exceeding the recent fine against the defendant, the fact that the defendant was not punished by the victim under an agreement with the victim, and the defendant is in profoundly against his/her mistake, etc.);

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act (recognisive grounds for discretionary mitigation)

1. The Defendant asserts that he did not have attempted to threaten the victim when he knife knife the victim.

2. Determination

A. In order to establish a crime of intimidation, the details of harm and injury notified should be sufficient to cause fears to ordinary people in light of various circumstances before and after the act, such as the tendency of the actor and the other party, surrounding circumstances at the time of notification, and the degree of friendship and status between the actor and the other party. However, it does not require the other party to feel fear in reality. If the other party knew of its meaning by notifying the harm and injury to the same degree, it does not require the other party to feel fear in reality.