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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, including the victim and B's statement in the investigation agency and the court of original instance, the court below found the defendant not guilty of the facts charged of this case, despite the fact that the defendant conspired with the victim Eul as stated in the facts charged of this case, and caused the victim to 7.9 million won in total, as stated in the facts charged of this case, it erred in the misapprehension of facts and affected
2. Determination
A. The summary of the facts charged in the instant case is between the Defendant and the Defendant and the Defendant were aware of the fact in high school, and the victim B and the victim C are two times the photographology of D University.
On January 2016, the victim opened a mobile phone and sold the device to another place, and then suspended the above part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part of the part-time part-time part-time part-time part-time part-time part-time part-time part of the part-time part-time part-time part-time part-time part-time part of the part-time part-time part-time part-time part
On April 2016, the Defendant made a false statement to the effect that, when the mobile phone charges, etc. were claimed while driving a part-time service, the Defendant would request the victim’s mother-and-child to compensate for the opening expenses of the mobile phone, which was paid to the victim’s mother-and-child for all the opening expenses, etc., and again, the Defendant would make it impossible for the victim to bear a large amount of debt and drive away from the bond company because he/she was aware of his/her punishment,” and that “the Defendant would not grant any mental damage compensation.”
From March 2017 to July 2017, 2017, the Defendant and B conspired to receive money and valuables by threatening the victim from the victim with a total of KRW 920,000 from the victim, and then, the Defendant and B conspired to receive money and valuables by threatening the victim from the victim with a defect in the military unit and by threatening the victim from the opening cost of the cell phone.
Defendant
and B above.