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(영문) 부산지방법원 2016.01.12 2015고단5898
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 26, 2015, at around 10:40, the Defendant stated that “A victim C (V, 35 years of age) in Busan YY-gu B was able to drink outside the D convenience point where the Defendant worked as an employee, with a large amount of sound during drinking alcohol (80cm in length) with an Alumin aluminium-proof net (80cm in length), which is a dangerous object.”

Therefore, the Defendant: (a) viewed the knife (24 cm in length, 13 cm in length) as a deadly weapon in possession of the Arife’s own machine, and “the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Accordingly, the defendant threatened the victim with the view to the view to the view of the camping-gu and the knife, which is a dangerous object and the knife.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Police seizure records;

1. The defendant asserts to the effect that he/she did not threaten the victim by carrying dangerous articles.

“Intimidation” as required for the establishment of a crime of intimidation under Article 283 of the Criminal Act refers to a threat of harm sufficient to cause fear to a person who becomes the other party. In general, whether such threat is a threat of harm or injury must be determined by comprehensively taking into account various circumstances before and after the act, such as the offender and the other party’s tendency, surrounding circumstances at the time of notification, relationship and status between the offender and the other party, and the degree of friendship (see Supreme Court Decision 2007Do606, Sept. 28, 2007, etc.). “Person who committed the crime by carrying a deadly weapon or other dangerous object” refers to a case where a person carries a deadly weapon or other dangerous object under “the intention to use” at the scene of the crime, or carries it with his body, regardless of whether the crime was committed.

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