공갈미수
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the Defendant was guilty of the facts charged in this case, although he did not intend to pay money to the victim by providing the victim with the “I would have another person use the 10 million Won without lending it to the victim so that I would have a view to leaving the victim a view of using the cryp room.” The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the victim and witness H’s statements on the contents, actions, and circumstances at the time of the crime of this case, are considerably detailed, and the main contents of the criminal investigation agency up to the court below’s trial, and the witness’s testimony cannot be rejected without any reasonable ground. Thus, the court below’s ruling that “if the defendant does not lend the victim KRW 10 million to the victim, the victim will be able to take another person back to the camping room.”
In light of the fact that H’s statement to the effect that the credibility of the statement appears to exist and there is no reasonable ground for rejecting or suspecting the credibility of the statement, etc., the Defendant’s statement to the effect that the Defendant, as stated in the judgment of the court below, sufficiently recognizes the fact that the Defendant, as stated in the judgment of the court below, was trying to take money from the injured party by giving the victim a high amount of “I wish to get another person back to the night room without lending KRW 10 million.” Thus, the Defendant’
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.