사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) is that the defendant had no ability and intention to pay the price to the defendant, in light of the fact that the main employee was reported to the police while avoiding the payment, and that he had been proving that he did not drink or had already paid the price at the time of the police investigation.
must be viewed.
The judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
2. The judgment below is hard to conclude that there is no ground for the defendant's assertion that the defendant resisted the victim's excessive drinking value demand while explaining the grounds for the judgment on the facts charged of this case in detail, and there was no ability to pay the price to
On the ground of insufficient recognition, the lower court acquitted the instant charges.
Examining the evidence duly adopted and examined by the court below in light of the records, the above determination by the court below is just and acceptable, and there is no error of law by mistake as alleged by the public prosecutor in the judgment below.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.