공갈등
The prosecutor's appeal is dismissed.
Of the facts charged in the instant case, the lower court acquitted the Defendant as to the charges of assaulting the instant case No. 4009, the lower court dismissed the public prosecution pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, on the following grounds: (a) the lower court found the Defendant guilty as to the charge of interfering with the performance of official duties in the instant case No. 2015, the lower court’s order No. 4009, the first instance court’s order No. 2015, the second order No. 4009, and the second order No. 430, the lower court dismissed the public prosecution pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.
In this regard, the prosecutor appealed the part of the judgment of the court below as to the guilty and not guilty on the ground that the sentencing was unfair and false facts, and did not appeal the dismissed part of the prosecution.
Therefore, since the dismissal part of the judgment of the court below is separately and finalized as it is and excluded from the scope of the judgment of this court, the scope of the judgment of this court is limited to the conviction and innocence
A victim C made a false statement at the court of original instance in order to be investigated as a charge of perjury and made a false statement in the process of making a false statement.
A prosecutor has filed a motion to resume his/her pleading in order to apply the above victim as a witness, and the court below dismissed the motion to resume his/her pleading and sentenced the defendant not guilty. In this regard, the court below erred by incomplete deliberation.
The sentence of the court below (the first crime in its holding: the fine of KRW 3 million, and the second or fifth crime in its holding: imprisonment with prison labor for one year) against an unfair defendant in sentencing is too unhued and unfair.
Judgment
The summary of this part of the facts charged as to the assertion of mistake in fact is that the Defendant requested the payment of the drinking value at a 00 singing practice place located in Busan High-gu, Busan High-ro around 02:00 on October 2013, 2013, to the Defendant and the victim C (e.g., 52 years of age) present a letter of reply, and “the following reduction”.
There is no money now.
“Absently, the victim frightened 80,000 won of the drinking value was imprisoned.”
The lower court’s determination is as follows: C.