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(영문) 인천지방법원 2016.10.19 2015고단8447

특수폭행등

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 4,00,000 won, and Defendant C shall be punished by a fine of 2,00,000 won.

Reasons

Punishment of the crime

"2015 Highest 8447"

1. Around 18:50 on May 4, 2015, the Defendant assaulted the victim’s neck, i.e., moving the victim’s neck into his/her hand, on the ground that the victim E (the age of 48) was pointed out to the Defendant and his/her daily activities, and on the ground that the victim E (the age of 48) was dissatisfying in the corridor.

2. Around May 4, 2015, the Defendant continued to engage in a special assault: (a) around 19:05, the Defendant entered the said residence and performed alcohol at the victim’s request on the ground that he was in a fudio 413, which is a victim’s residence in the fourth floor of the building D, Nam-gu Incheon Metropolitan City; (b) and (c) followed the Defendant’s female-friendly G (16 years of age) by soliciting the Defendant to “moring alcohol” at the victim’s request; and (d) re-influences with the victim’s arms and head, taking the victim’s arms and head, taking a kitchen knife (30cm in length), which is a dangerous thing at the victim’s residence, and acted as the victim.”

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

"2016 Highest 796"

1. Around August 17, 2015, the criminal defendant against the victim H made a false statement to the victim H around the Seohae apartment located in the Seo-gu, Seodong, Incheon Metropolitan City, stating that “A victim H may open his/her cell phone in the name ofner and impose a punishment of KRW 600,000 per sell, making it possible to open his/her cell phone, and then make the purchase price after opening the cell phone.”

However, in fact, the defendant was only a plan to arbitrarily use the proceeds after receiving the mobile phone from the victim, and did not have the intent and ability to pay the proceeds to the victim.

Around August 18, 2015, the Defendant: (a) by deceiving the victim; (b) allowed the victim to open each of the 61 opon 61 unit amounting to KRW 924,000 from the cell phone sales store of “J” in Seo-gu Incheon Metropolitan City, Seo-gu; (c) and (d) received 61 unit amounting to KRW 1,056,000; and (d) around August 20, 2015 from L located in Nam-gu, Incheon Metropolitan City.