Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Around 00:50 on February 12, 2020, the Defendant, who was parked in the B parking lot in Sacheon-si, Sacheon-si, and reported that the victim's male relation D (n, 37 years of age) in a passenger car is "not," and made an answer to the victim "n't," and made it possible for the Defendant to keep the knife by opening the knife in front of the knife with the knife (12.5m in total length, 24cm, 12.5m in knife length).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. An investigation report (attached photographs, etc. to a vehicle booms image images).

1. The defendant's assertion of the present defendant and defense counsel of the seized knife (No. 12.5cm in total length, 24cm in knife length, 12.5cm in knife length) cannot be viewed as a intimidation by carrying dangerous objects, since the defendant shown the knife and threatened the victim.

Articles 284 and 283(1) of the Criminal Act provide that a person who, carrying a dangerous object and intimidation a person shall be punished as a crime of special intimidation. Here, “Carrying a dangerous object” refers to the case where a person carries a dangerous object or carries a person’s body with the intent to use it at the scene of the crime (see Supreme Court Decision 2017Do771, Mar. 30, 2017). The possession of a dangerous object near the person’s body is also deemed to constitute “Carrying.”

(See Supreme Court Decision 85Do1851 delivered on October 8, 1985). The following facts and circumstances revealed with respect to the instant case by health team and by the evidence duly admitted and investigated by this Court, namely, the following facts and circumstances, ① the Defendant mentioned the victim’s knife in the passenger car custody even before the instant case occurred, and ② the victim therefrom.