폭력행위등처벌에관한법률위반(공동공갈)
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the prosecutor's grounds for appeal is consistent and specific, and sufficient credibility exists. The testimony made by the CS, CT, and CU in Incheon District Court 2009Kadan2658 case is not reliable because it is difficult for the CS to gain a formal payment, and there is no reason for the victim CS objectively and objectively separated from the Defendants, and the victim E, H, F, G, Q, K to several occasions, and the victim must be deemed to have provided a free drinking without compensation. However, the court below erred by misapprehending the fact that the court below acquitted the Defendant of this part of the charges, which affected the conclusion of the judgment.
2. Determination
A. At around 06:30 on July 3, 2008, the summary of the facts charged of the instant case: (a) in the entertainment tavern for the “CO” operation of the Victim CSS located in the Nam-gu Incheon Metropolitan City, the Defendants and the Defendants issued orders to the Defendant, along with the Defendant’s separate trial E, H, F, G, Q, and Q, on the ground of the Defendant’s wre and alan, etc., on the ground of the Defendant’s breach of trust on the part of the Defendant, which is the organization of the Incheon regional violence in the organization of the “Tropo-gu”, and (b) the Defendants jointly with the above co-defendants, the CP, and Q Q, and thereby reconced it by having the victim waive the drinking value of KRW 8
B. As to the judgment of the court below, although there was a statement in each investigation agency of the SS, CT and CU as evidence as shown in the facts charged of this case, according to the witness examination protocol (part of the 2nd and 5th trial record against the defendant CP submitted by the defendant and his defense counsel) of the CSR, CT and CU, the 3TS and CU give testimony that their statements in the investigation agency are distorted and described. In particular, the victim stated that they were not present by the defendant. In light of the above facts, the 3S, CT and CU, each investigation agency of the above 3TS, CU, and CU.