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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the Defendant’s statement at the investigative agency and the statement of accomplices, it is recognized that the Defendant, together with Q or P, threatened the victim as stated in the facts charged.
Nevertheless, the court below rendered a not-guilty verdict on all the facts charged on different premise. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is the conciliation staff of JP, a regional violent crime group in Busan.
Jmph shall be a major place for amusement in Busan, such as K, Shipping Daegu, East-gu L, Fridong L, Geum-gu M, Geum-gu M, N, Busan-guO, etc., and also for gambling games in Busan-gu.
As a basis of import, it is a violent crime organization established with the purpose of securing economic benefits by taking the leading power of the Busan regional violence world and by using it.
In order to raise activity funds together with P and Q, etc., the Defendant intended to neglect the business rights of the one-time "news" that introduces female employees to entertainment establishments in Busan-gu C and PO of Busan-gu, and made efforts to waive other news reporting establishments by threatening or assaulting other news reporting providers.
1. On September 29, 2018, the Defendant discovered that, along with Q, the victim T (28 years of age) who operated a “S” sidewalk in the vicinity of the Busan Blue Port on September 29, 2018 was in his/her vehicle.
Accordingly, the defendant and Q have the victim go to a nearby ‘U’ restaurant after getting the victim to leave the vehicle in mind that they would have the victim retire from the sidewalk business.
At this point, the Defendant stated that the Defendant “Mara, Mara, Mada, and Mada L Laking C” was the victim, and Qu in the next place was the same as the office ditches in the Republic of Korea, or graduated from C, and if the internal organ is the one, the book should be prepared, and if the internal organ is the one, it will be the one.