The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the evidence, such as the victim’s statement, etc., as to attempted crimes of extortion 1), the defendant may be found to have withdrawn from the victim and have committed the attempted crimes. Nevertheless, the court below found the defendant guilty of attempted crimes of attempted crimes of 50 million won on the part of the amount on the ground that there is no evidence to deem that the defendant demanded 50 million won from the victim, and found the defendant guilty of the attempted crimes of 50 million won, and found the defendant not guilty of the attempted crimes of 50 million won on the part of the court below. 2) According to the evidence, the defendant’s defamation can be acknowledged in collusion with F and thereby impairing the victim’s reputation

Nevertheless, the court below which acquitted the defendant on this matter has erred by misunderstanding the facts.

B. The lower court’s sentence of unreasonable sentencing (a fine of four million won) is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court, on the charge of attempted extortion, alleged that the Defendant did not demand KRW 50 million at the time, but demanded payment remaining after deducting KRW 12 million paid out of the initially agreed to pay KRW 16 million. The Defendant also demanded payment of KRW 50 million, not the content of text messages sent by the Defendant’s side. In so doing, it is difficult to view that the Defendant requested KRW 50 million, and on the grounds that there is no other evidence to acknowledge it, the lower court acquitted the Defendant of this part of the facts charged.

In light of the following circumstances, the court below’s determination that the victim D and I demanded the Defendant to request KRW 50 million. However, considering the fact that it is difficult to readily conclude that the Defendant clearly demanded KRW 50 million separate from the money already paid, in light of the content of text messages sent by the Defendant, the court below’s determination that the Defendant was not guilty of this part of the facts charged is acceptable.