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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
Summary of Grounds for Appeal
Defendant
misunderstanding of facts or misunderstanding of legal principles 2. A.
Since the Defendant did not possess the intent to use knife in committing a crime, it did not constitute “the carrying of dangerous objects” and did not notify the victims of harm to the extent that it would cause fear.
Criminal facts
§ 2.-b.
The Defendant did not notify the victim I of harm to the extent that it would cause fear.
Criminal facts
§ 2.-C.
It is not that the defendant had a knife, which is an object dangerous to the victim K, but it is merely a knife that the victim K deducteds the knife from the defendant and knife the knife away from the floor.
The sentence imposed by the court below on the defendant (two months of imprisonment, one year of suspended execution, one year of community service, 240 hours) is too unreasonable.
According to the evidence submitted by the prosecutor of mistake of facts, the court below acquitted the victim N of this part of the facts charged, although it can be recognized that the defendant carried a knife, which is a dangerous object, and caused an injury to the victim N.
The sentence imposed by the court below on the defendant is too uneasible and unfair.
Judgment
The defendant's assertion of mistake of facts or misapprehension of legal principles is based on Article 2.1.
“Intimidation” required for the establishment of a crime of intimidation as stipulated in Article 283 of the Criminal Act with respect to a crime of intimidation is generally a threat of harm sufficient to cause fear to a person who has become the other party. Whether such threat constitutes a threat of harm or injury ought to 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 degree of friendship.
Supreme Court Decision 2011Do10451 Decided August 17, 2012