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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1 did not commit the same crime as stated in the facts constituting an offense in the judgment of the court below. Defendant 1 did not commit an unreasonable sentencing judgment.
Even if the court below's punishment (two years and six months of imprisonment) is too unreasonable.
B. Of the facts charged in the instant case, the lower court acquitted each of the Defendant on the part of the victim C’s public conflict with the victim C, interference with the victim D’s public conflict with business, conflict with the victim E, and intimidation with the victim F. However, although the victim C, D, and F appeared as witness at the court of the lower court and stated to the effect that they reverse the facts of harm inflicted by the police, the victims appeared to have made the remaining false statements by inducing the victim to be retaliationed by the Defendant, and thus, cannot be believed as they are. ② Although the victim’s public conflict with the victim E was not committed, the part of the crime against the victim E did not take any action that the Defendant would have made direct intimidation or harmful to the above victim. However, considering the fact that the Defendant did not demand the payment of the price to the victim, it was sufficiently proven that all of the facts charged against the Defendant were guilty.
Therefore, the judgment of the court below is erroneous by misunderstanding facts and affecting the judgment.
2. Determination:
A. In light of the Prosecutor’s misunderstanding of the facts, the part of the conflict with the victim C regarding the Prosecutor’s misunderstanding of the facts charged was examined, and the fact that the lower court stated that the victim provided money in favor of the Defendant who helps the Defendant who lives with the power at the time of the instant case at the lower court’s court, the evidence submitted by the Prosecutor alone is sufficient to support the victim’s money.