Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

1. 협박 피고인은 2020. 5. 23. 23:10경 서울 영등포구 B에 있는 ’C‘ 뒤 노상에서, 막걸리 병을 손에 들고 배회하다가 때마침 그곳을 지나가던 피해자 D(여, 50세)에게 아무런 이유 없이 “야! 씨팔년아, 개보지 같은 년아, 너 부모가 거지같은 것들이다. 보지 같은 년아”라고 욕설을 하면서, “죽여 버린다”. “너 씨팔년, 목을 칼로 따버린다!” 등의 말을 하며, 막걸리 병을 손에 쥐고 목을 긋는 시늉을 하고 막걸리 병으로 피해자의 옆구리를 찌르려고 하는 등으로 피해자의 생명, 신체에 위해를 가할 듯이 피해자를 협박하였다.

2. In the date, time, and place as mentioned in the above paragraph (1), the Defendant made an insulting 112 report by intimidation, and thereby publicly insulting the victim of the 112 report, such as “Isia”, “Isia”, “Isia, how much money was drinking to the police station”, “Is the police station, no need exists for any police station,” and “Isia as a new son,” and “Isia as a new son.”

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. The written complaint of D [the defendant's act is changing to the purport that the defendant's act is not a crime because the defendant's act was committed by assaulting the victim, and the defendant's desire is not a crime. However, the defendant's act cannot be deemed to lack social reasonableness from the overall point of view of legal order, and the defendant's action is not accepted as the defendant's lawsuit, since the defendant's behavior cannot be seen as lacking social reasonableness since he expressed his desire not only the victim but also the parent of the victim's desire to do so.]

1. Relevant Article 283 (1) and Article 311 of the Criminal Act, the choice of a fine for a crime, and the choice of a fine for negligence;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.