A defendant shall be punished by imprisonment for four months.

A seized kitchen shall be confiscated.

Punishment of the crime

[Criminal Power] On May 4, 2016, the Defendant was sentenced to nine months of imprisonment with prison labor for special intimidation in the Daegu District Court Kimcheon Branch on May 4, 2016 and completed the execution of the sentence on May 11, 2016.

【Criminal Facts】

At around 04:50 on July 26, 2018, the Defendant stated that “C” in Kimcheon-si B does not frequently visit the restaurant operated by the Defendant, and that “the Defendant collected a portable butane gas cable, which is a dangerous thing from the victim D (the age of 35) and E (the age of 41), and the kitchen knick (the total length of 36.5cm), which is a dangerous thing in the kitchen, was concealed by the Defendant’s hand.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Seizure records;

1. A report on internal investigation (as for attaching photographs to photographs, such as field conditions, etc.);

1. Previous convictions: Criminal history records and investigation reports [1. Intimidation of a repeated crime¡± refer to the notification of harm that may cause fear to a person, generally. Thus, an intentional act as a subjective constituent element does not require any intent or desire to actually realize the harm that an actor knows and citing that the offender knows that it is harmful to such an degree, but it is merely a mere expression of an emotional expression or temporary union, and it is objectively evident that the perpetrator’s speech or behavior has no intention of intimidation in light of the surrounding circumstances, the act of intimidation or temporary union cannot be acknowledged, but whether there was a intent of intimidation or intimidation should be determined by considering not only the external appearance of the act, but also the surrounding circumstances, such as the background leading to such act, the relationship between the victim and the victim, etc. (see Supreme Court Decision 91Da1448, Jan. 1, 191).