The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The judgment below

part of acquittal.

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts and misapprehension of the legal doctrine)’s statement does not coincide with the victim’s statement, and it is unclear whether the victim was actually subject to violence or intimidation to the extent necessary for the establishment of a crime of extortion because the victim’s statement was not reliable, and the victims made a statement that they had been made by means of deception, rather than giving money to the investigative agency. Thus, even if there was violence or intimidation, it is related to the victim’s act of disposal.

shall not be deemed to exist.

Even if the crime of conflict is established, the Defendant, while gambling to Min-do B, did not deliver money received from the victims, and conspired with E, B, etc. as he did not deliver money received from the victims.

It can not be seen that the defendant, who is not the principal contestor, is not liable to the defendant for the crime of extortion, unless the defendant deserts from the scene of the crime before the commencement of the crime of extortion.

Nevertheless, the judgment of the court below which found the defendant guilty of violating the Punishment of Violences, etc. Act (joint conflict) among the facts charged of this case is erroneous in the misapprehension of legal principles.

B. A prosecutor (misunderstanding of the legal principles) led the Defendant to engage in gambling in advance, and did not remove influence by actively endeavoring to prevent the crime of other competitors, except to inform the victim E of the fact of gambling. Therefore, the Defendant left the public contest relationship.

shall not be deemed to exist.

Nevertheless, the court below erred by misapprehending the legal principles as to the renunciation of public conspiracy, among the facts charged in this case.

2. Determination

A. We examine ex officio the reasons for appeal by the Defendant and the prosecutor before determining ex officio.

A public prosecutor is frighten from among the facts charged about the violation of the Punishment of Violences, etc. Act (joint attack) at a trial.