The appeal is dismissed.

The grounds of appeal are examined.

1. A prosecutor may, with the permission of the court, add, withdraw, or modify the facts charged or the applicable legal provisions in the indictment. In this case, the court shall permit the addition, withdrawal, or modification to the indictment to the extent that the identity of the facts charged is not undermined (Article 298(1) of the Criminal Procedure Act). The identity of the facts charged is maintained if the social facts, which form the basis of the facts, are the same in basic respect. When determining the identity of these basic facts, the defendant’s act and social facts are based in mind with the function of the identity of the facts, and the normative elements should also be taken into account (see, e.g., Supreme Court Decisions 93Do2080, Mar. 22, 1994; 2003Do1166, Jul. 14, 2005). The prosecutor changed the facts charged to E from the court below to the date of and around October 21, 2015 and around November 14, 2015.

앞에서 본 법리와 기록에 비추어 살펴보면, 변경 전후의 공소사실은 범죄 일시만 변경되었을 뿐 범행 장소, 방법, 협박 내용, 피해자 등 다른 부분은 동일하여 모두 특정한 공갈행위를 대상으로 하는 것이고, 위와 같이 범죄 일시를 변경하게 된 것은 제 1 심에서 E이 범죄 일시를 정확히 기억하지 못하며 술을 먹고 책을 샀으며 그 다음에 나눠 주었다고

The facts charged before and after the above amendment are recognized as identical to the basic facts in light of the act of modification, etc., since the defendant stated that the period of distribution of L in the name of E was due to the sale of objective materials to specify the period of distribution in the name of E with money from E.

Therefore, the court below's permission to amend the bill of indictment as alleged in the grounds of appeal, and legal principles on the identity of the facts charged and amendments.