The defendant's appeal is dismissed.

1. The summary of the grounds for appeal reveals the following facts: (a) at the time of the instant case, the Defendant and the victim were seated with the tables between the Defendant and the victim, and the distance between the net and the Defendant that the Defendant left in order to walk a large amount of money was 3 meters. (b) At the time of the instant case, the Defendant did not seem to have committed an act of exercising violence, such as merely booming the victim, and did not appear to have committed an act of booming the victim, and there was no time space for the victim to talk with the Defendant who suffered from the brue, and there was no time space for the Defendant to do any more acts. In light of the above, it cannot be deemed that the Defendant threatened the victim by carrying the net, which is a dangerous thing.

Nevertheless, the court below found the defendant guilty of the charge of this case in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.). Thus, the court below erred by misapprehending the legal principles.

2. The facts charged in this case and the judgment of the court below

가. 이 사건 공소사실 피고인은 2010. 8. 30. 17:25경 위 부산 강서구 C에 있는 주식회사 D 대표이사 사무실에서 회사 자금 횡령 문제로 피해자 E(남, 47세)과 말다툼하다가 피해자가 회사 통장을 주지 않는다고 하자 화가 나 그곳 탁자 위에 있던 위험한 물건인 망치를 가리키며 “못하겠다면 너, 저기 좀 봐봐, 네 책상 다 때려 부술거야”라고 말하며 망치를 집어 들고 피해자에게 다가가며 “씨발놈 죽어”라고 욕설을 하여 피해자를 협박하였다.

B. The court of the original judgment found the Defendant guilty of this part of the facts charged by comprehensively taking account of each of the evidence indicated in the judgment below.

3. Judgment of the court of the trial

A. The purpose of the Punishment of Violences, etc. Act and Article 3 of the same Act.