The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor, including the defendant, accomplice B, and owner of the business, the court below found the defendant guilty of the charge of this case against the defendant, although the defendant attempted to obtain property benefits by committing the victim D jointly with the defendant Eul and attempted to obtain property benefits, and the defendant was guilty of the facts charged of this case.

2. 이 사건 공소사실의 요지 피고인은 후배 B(15세)와 함께 2019. 1. 3. 17:00경 익산시 C에 있는 피해자 D이 운영하는 ‘E’ 주점에서 맥주 2병과 닭똥집을 먹고 B의 체크카드로 그 대금 18,000원을 결제하였다.

At around 19:30 on the same day, the Defendant and B called “bring, drinking alcohol to minors, drinking alcohol to minors, certificate of inspection of the certificate of post, and so on if the credit card settlement is revoked,” and did not report to the police, the Defendant and B, in front of the G convenience store in F, was fright to report to the police.

The Defendant, in collaboration with B, tried to acquire pecuniary benefits equivalent to KRW 18,00 by causing the victim to cancel the credit card settlement, but the victim refused and attempted to commit such act.

3. The judgment of the court below is based on the following: (a) the victim’s phone calls are not the defendant but the victim and the victim’s phone calls and directly find them as “E”; (b) the victim committed the crime of extortion by threatening the business owners in the same manner as the facts charged in the instant case even before the instant case; (c) the defendant has no record of committing the same crime as indicated in the instant facts charged; (d) the defendant has “a mental retardation without any impediment to mental behavior”; and (e) the defendant has intellectual ability to carry out an I Q 51 degree, it is deemed that the Defendant committed, alone, the crime of attempted conspiracy as described in the facts charged.