A. misunderstanding of facts 1) The defendant received 10 million won from the victim as to the attack, but this does not mean that the defendant did not assault or intimidation the victim, but that he voluntarily paid the victim the victim a 10 million won if the victim paid the victim a 10 million won or more. 2) As to the injury of the victim, the defendant is doubtful that the victim was only another male, and the defendant had been bruted at the time and place as indicated in the judgment of the court below, and there was no fact that the defendant had inflicted an injury on the victim by considering the victim's face as stated in the facts of the crime in the judgment of the court below.

B. Even if the entire facts charged of the instant case are found guilty, in light of the background of each of the instant crimes, the relationship between the Defendant and the victim, etc., the lower court’s imprisonment (five years of imprisonment) is too unreasonable.

2. Determination

A. In light of the facts charged as to the allegation of misunderstanding of facts, the establishment of the crime of extortion of this case depends on whether there exists proof to the extent that it is beyond a reasonable doubt that delivery of KRW 10 million to the Defendant was due to the Defendant’s assault or intimidation.

However, direct evidence of the fact that the victim delivered KRW 10 million to the defendant due to the defendant's assault or intimidation is only a statement at the victim's investigative agency and court of original instance. Thus, whether to acknowledge this part of the facts charged is determined depending on whether the victim's statement corresponding to the facts charged can be trusted.