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(영문) 광주지방법원 2016.09.02 2016고단1729

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On October 15, 2015, at the first floor D of the building in Gwanak-gu, Seoul Special Metropolitan City around 10:00, the Defendant said that “A victim E shall contribute to the music conference held by the F in the location of the Jeonnam Madong-gun on November 4, 2015, and he would receive a subsidy of KRW 21,00,000,000 as a contribution if he/she had interfered with the performance to other individuals and would receive a public performance.”

However, in fact, the defendant did not intend to receive the subsidy from the cerealistic group, and there was no other property or income, and the victim did not have the intent or ability to pay the subsidy even if the victim contributed to the Music group or performed by avoiding other numbers of family members.

Nevertheless, the Defendant had the victim contribute to the Music Council, and had the victim participate in the performance by winning other numbers of family members.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to KRW 21 million.

2. On October 2015, the Defendant made a speech, such as “I am humping, I am humping, I am humping, I am humping, I am huming, I am huming, I am huming, I am huming, I am huming.”

At around 10:01 on October 15, 2015, the Defendant, while talking about the contribution of the victim and music conference with the victim, had the victim talked about indecent act by compulsion, had the victim talked about the chest and the ship by hand, but the victim did not have the wind to avoid. At around 11:38 on the same day, the victim's bucks were only one time, and the victim was forced to do so.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the police statement regarding E;

1. Application of the Acts and subordinate statutes in which music table, content of account transactions, text messages, and each investigation report are entered; and

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;