The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the fact-finding) is sufficient to recognize the fact that the defendant took money by leaving the victims out or threatened the victim F by threatening them as the statement of the victims. However, despite the fact that the victims' statement was reduced and changed by dividing the above age of the defendant, etc. into the court of original trial, the court below rejected the victims' statement solely based on these circumstances and the testimony favorable to the defendant, which affected the conclusion of the judgment, and the judgment below which acquitted the victims of the facts charged of this case.

2. Determination

가. 이 사건 공소사실 피고인은 대전지역 폭력조직인 왕가파의 조직원인 K, L의 친형인바, 2003. 3.경 대전 중구 은행동에 있는 으능정이 거리(일명 ‘문화의 거리’)에서 닭꼬치어묵 포장마차 노점상을 하던 M가 다리를 다쳐 쉬고 있는 바람에 자리가 빈 틈을 타 그 자리에 피고인의 처인 N(일명 ‘O’)으로 하여금 떡볶이 포장마차 노점을 열어 그 자리를 차지한 후 친동생인 K, L의 위세를 등에 업고 기존에 있던 으능정이 거리 노점상들의 모임인 “P”에 대체해서 새로운 노점상 모임인 “Q”를 결성하여 “Q”를 실질적으로 지배하는 명예회장이 되었다.

Before the Defendant appeared on the street, the street shop had freely received and sold his own job to others, and the street shop operated without paying any price in the festival in May of each year. However, the street shop where the Defendant intended to sell his job to the street shop shop shop occupants with his ability to do so by selling his job by selling his job to the Defendant and only through the Defendant or N, etc. The street shop shop where the Defendant intended to sell his job to the street shop shop shop shop shop shop shop is sold only to the person designated by the Defendant, and the premium is received only through the Defendant or N, and the competent Gu office and the power shop are friendly with the friendship between the competent Gu office and Q Q.