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A defendant shall be punished by imprisonment for not less than eight months.
Of the facts charged in the instant case, the charge of forced indecent act is acquitted.
Reasons
Punishment of the crime
On March 27, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for the obstruction of business by the District Court, and completed the execution of the said sentence on April 18, 2018.
"2018 Highest 1771"
1. On April 25, 2018, the Defendant ordered a 'C' restaurant located in the 'C' in the 'C' city B around the Government-Si around 00:13, as if the Defendant would normally settle the price to the victim D, the Defendant issued an order of alcohol, alcohol, etc.
However, the defendant did not have the intention or ability to settle the price even if he was provided with alcohol from the injured party.
The Defendant, as such, by deceiving the victim, received approximately KRW 15,500 food, such as filing a lawsuit, from the injured party.
2. The Defendant, on April 25, 2018, stated in the facts charged in indictment around 05:40 on April 25, 2018, “08:00” is apparent that there is a clerical error, and thus, is not a substantial disadvantage to the Defendant’s defense, and thus, is immediately correct ex officio.
In the ‘F' restaurant in the Gu-si E, the victim G was ordered to pay the price normally.
However, the defendant did not have the intention or ability to settle the price even if he was provided with alcohol from the injured party.
The Defendant, by deceiving the victim as such, was provided approximately KRW 11,50,00, such as the filing of a lawsuit, from the injured party.
On April 24, 2018, the Defendant issued an order for alcohol, meal, etc. to the victim J as if he/she would normally settle the price to the victim J at the “I” restaurant located in the Gu Government-Si around 19:00 on April 24, 2018.
However, the defendant did not have the intention or ability to settle the price even if he was provided with alcohol from the injured party.
The Defendant, by deceiving the victim as such, was provided approximately KRW 23,80,00, such as the filing of a lawsuit, by the victim.
Summary of Evidence
1. Previous convictions in the judgment: References to inquiries, such as criminal history, investigation reports (report accompanied by a copy of the judgment on the same type of crime, etc.), and current status of personal confinement "2018 Highest 1771";
1. Statement by the defendant in court;
1. Part of the witness D.