The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the credibility of the victim H’s statement, statement of the victim H and the evidence submitted, etc., as stated in this part of the facts charged, the Defendant may recognize the fact that the victim H was threatened, as stated in this part of the facts charged.

B. The punishment sentenced by the lower court (amounting to KRW 300,000) is too unfilled and unfair.

2. Determination:

A. Prior to the judgment on the grounds of appeal as to the amendment of the indictment, the Prosecutor applied for the amendment of the indictment to the effect that “I am informed that I am the victim H, and I am the victim H” in the indictment concerning the special intimidation of this case since it cannot be deemed that the subject of the judgment was changed, and thus, the judgment of the court below is not reversed ex officio on the ground that it cannot be viewed that the subject of the judgment was reversed.

B. As to the assertion of mistake of facts, in a criminal trial, the recognition of facts should be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not reach the degree to have the aforementioned conviction, even if there are suspicions of guilt, such as contradictions with the Defendant’s assertion or defense, or non-competence, it should be determined in the interests of the Defendant (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). Meanwhile, in order to reverse the judgment on the recognition of facts by the first instance trial, which did not recognize facts charged, it should be determined in the interests of the Defendant (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012).