The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal acknowledged that the Defendants, along with E and daily behaviors, did not pay the alcohol and drinking value in the entertainment tavern in which the victim G worked as the head of the business division (hereinafter “the instant main shop”). In light of the victim’s consistent statement that the Defendants threatened the victim by the method of threateninging the victim as if the Defendants were organized violence, the Defendants could sufficiently recognize the fact that the Defendants conspired with E, etc. as stated in the facts charged. However, the lower court found the Defendants not guilty of the facts charged in the instant case on the grounds that there was no evidence to acknowledge the fact that the Defendants participated in the crime of threatening, the lower court erred by misapprehending the facts.

2. Determination

A. The evidence that corresponds to the facts charged against Defendant A is the victim’s legal statement. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the court below and the court below, it is not sufficient to acknowledge this part of the facts charged that the defendant conspired with Co-Defendant B and E with the victim’s statement alone, and there is no other evidence to acknowledge this differently.

① The victim appeared as a witness in the court of the court below to the effect that “at the time, the Defendants acted as commission of organized violence” was called “as if the Defendants were organized violence” by attending the court of the court below to answer to the question “I am frighten and frightened domestic maximum violent organization staff working in the marine transport team.”

② However, the victim made a statement at an investigative agency to the effect that “The E is responsible for and calculated the drinking value on the day of the instant case, but, upon the victim’s request for the drinking value, E does not have any money after presenting all his/her daily behaviors, and made various interviews and intimidation to the victim,” and co-defendants with the Defendant.