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1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
Reasons
1. Basic facts
A. On April 2015, the Plaintiff provided the Defendant with the sexual intercourse for several months.
B. On January 2, 2016, the Defendant: (a) opened a door of the above food store and intruded into the food store operated by the Plaintiff in Bupyeong-gu Incheon, Incheon; and (b) took a theft of KRW 13,060,000 in cash in the Kabter by using any key previously reproduced; and (c) was requested from the above food store to be sent at the above food store on January 2, 2016 (the same day) but did not go out of the food store; (d) followed the Plaintiff; and (e) took the process, followed the Plaintiff; (e) around 16:40 on January 2, 2016, the Defendant committed an indecent act by forcing the Plaintiff by forcing the Plaintiff by force, as the Plaintiff’s knits were knife at the above food store.
C. As above, the defendant stolen 13,060,00 won in cash owned by the plaintiff and by force, and committed indecent acts by compulsion of the plaintiff, and was sentenced to the judgment of the first instance on August 29, 2016 [the judgment of the first instance court 2016Da737, 2254 (merger)] that interfered with the plaintiff's above food store management business, the purport of the above judgment of the first instance court is all guilty of the above criminal facts, and the defendant appealed against this, and was sentenced to the judgment of the second instance on September 8, 2017 (Seoul District Court 2016No3467). The purport of the judgment of the second instance court is to be not guilty of the charge of larceny and indecent acts by force, and the reasons for innocence are that the defendant's act interfered with the plaintiff's smooth performance of business, and that the defendant did not interfere with the plaintiff's smooth performance of business due to the defendant's act. However, the defendant's act did not cause that the defendant did not neglect his food.