The judgment below

Part concerning Defendant B, C, and D among them shall be reversed.

Defendant

B, C, and D shall be punished by a fine of three million won.

1. Summary of grounds for appeal;

A. The Defendants merely received the instant money by mutual consent with the victim, and did not commit intimidation to the money.

The lower court found the Defendant guilty of the facts charged of this case, and there was an error of law by misunderstanding facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: a fine of KRW 6 million, Defendant B, C, and D: each fine of KRW 4 million) is too unreasonable.

2. Determination

A. The lower court: (a) examined the Defendants as a witness, and directly reported and observed the form and attitude at the time of the statement, consistency, clarity, and accuracy of the statement; and (b) determined that the said H’s statement was credibility.

In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, the appellate court shall respect the first instance court’s decision on the credibility of the statement, except in extenuating circumstances. In light of the following facts and circumstances, there is no circumstance to deem that the lower court’s decision that recognized the credibility of the said witness’s statement is remarkably unfair.

Comprehensively taking account of the evidence duly admitted and examined by the court below, including the above H’s statement, the fact that the Defendants, as stated in the facts charged, threatened the victim as if they reported the victim’s drunk driving to the police, and received KRW 2 million from the frighten victim.

The Defendants’ assertion is without merit.

(1) The injured party immediately after the traffic accident in this case from the investigative agency to the court of the court below stated very specific and factually the reason why the accused A demanded payment of the agreed amount, the situation in which the remaining Defendants were also involved, etc., and the victim does not seem to have any particular motive for making a false statement.