The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found the Defendant not guilty on the ground that T’s statement at the time of the police investigation was more reliable than the statement at the court below at the time when two years have elapsed since the date of the occurrence of the case, since T’s statement at the police station was clearly stated that T was threatened by intimidation from E such as Defendant and E members at the time of the police investigation.

B. Since misunderstanding of facts on the part of the acquittal of unfair sentencing on the whole has influenced the sentencing, the lower court’s punishment (one million won of a fine) is too uneasible and unreasonable.

2. Judgment on the assertion of misunderstanding of facts (the part not guilty in the original adjudication)

가. 이 부분 공소사실의 요지 피고인은 2011. 2. 20. 14:44경 부산 동구 초량동에 있는 부산역 2층 선상주차장에서, 그곳에 택시를 세우고 손님을 기다리던 피해자 T으로부터 “E 회원들의 차량 때문에 차량이 정체되니, 차량을 앞쪽으로 당겨 달라”는 말을 듣고 화가 나 피해자에게 “어이 씨발, 길바리가 좆빨라고 올라 왔나, 내려가라!”고 말하여 겁을 주고, 성명불상 E 회원 3명은 피해자의 주위에 서서 어떤 위해를 가할 듯이 하였다.

Accordingly, the defendant threatened the victim jointly with three members E in the name of the defendant.

B. The judgment of the court below and the court below stated to the effect that the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, i.e., “T has reported to the court below 112 vehicles are parked too much in the Busan Ship Parking Lot as stated in the above facts charged, and there is no direct damage from E members or the Defendant as stated in the above facts charged.”