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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. In relation to the facts charged in the judgment of mistake of facts and misapprehension of legal principles, although the defendant had a knife, which is a dangerous object, even though there was no intention of intimidation or intimidation against the victim, the court below found the defendant guilty of the facts charged in this case, which erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. Unless otherwise, the lower court’s sentencing (six months of imprisonment) is too unreasonable.
Judgment
A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the term “Intimidation” which is required for the establishment of a crime of intimidation as provided in Article 283 of the Criminal Act generally includes not only possession but also widely used the phrase “a dangerous object” as well as the phrase “a threat”, which includes not only a threat of harm sufficient to cause fear to a person who has become the other party, but also a threat of harm or injury, such as the behavior and the other party’s tendency, surrounding circumstances at the time of notification, relationship and status between the offender and the other party, and degree of friendship before and after the act.
(See Supreme Court Decision 201Do10451 Decided August 17, 2012, and Supreme Court Decision 2002Do2812 Decided September 6, 2002, etc.). According to the evidence duly admitted and examined by the lower court, the Defendant, under the influence of alcohol on the day of the instant case, was at a victim’s restaurant, but the victim did not receive it. The Defendant, under the influence of alcohol, stored the knife (21cc in the knife length) on the day of the instant case in a vinyl paper, stored the knife in a vinyl paper and found the knife as a restaurant of the victim, and the Defendant continued to kill the knife in a taxi, and brought the knife into the restaurant.