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The defendant shall be exempted from punishment.
Of the facts charged in the instant case, the charge of larceny and intimidation shall be acquitted.
Reasons
Punishment of the crime
On June 22, 2017, the Defendant was sentenced to the suspension of the execution of two years in imprisonment with prison labor for fraud, etc. at the Suwon method sources, and on March 3, 2017, the above judgment became final and conclusive.
피고인은 병원 인테리어 공사업자로 2015. 7. 29. 경 동두천시 D에 있는 E 원장실에서 F, G, H 등이 있는 가운데 피해자 I에 대하여 “ 그때도 내가 강간을 당한 상태에요”, “ 제가 이제 두 번 강간당한 이유가 사람을 너무 믿으니까 그럴 수도 있고, 하여튼 그런 부분이요”, “ 돈을 걔 (I) 가 가져가고 돈을 다 엎어 치고 둘러치고 다하고”, “I 실장이 여기 통장에 갖고 온 돈 한 푼도 없어요
“A person himself/herself,” and “I shall not be subject to 100% embezzlement because he/she puts his/her value at his/her own mind,” and “ his/her natives (I) shall so have so far and have been aware of the monthly salary of any pets.”
“The honor of the victim was damaged by openly pointing out false facts.”
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of a witness I;
1. Recording notes, and written confirmation of each fact;
1. Previous records: Search and output of a consolidated case, and application of each statute of the judgment;
1. Article 307 of the Criminal Act applicable to the facts constituting an offense and Article 307 (2) of the Criminal Act selection of punishment;
1. The latter part of Article 39(1) of the Exemption of Punishment Act (the instant crime is in a single concurrent relationship with the crime of fraud, etc. in the judgment of March 3, 2017, which became final and conclusive, and Article 37 of the Criminal Act provides that in full view of the content and possibility of criticism of the instant crime, it is deemed that no more severe punishment has been pronounced even if the judgment was rendered at the same time as the instant judgment
Therefore, the part of the crime without punishment against the defendant in consideration of the equity in the case where the crime of this case and the crime of fraud, etc. in the above judgment becomes final and conclusive.
1. Summary of the facts charged
A. On July 24, 2015, the Defendant is the first floor underground of the Seo-gu Incheon Metropolitan City J (hereinafter “instant apartment”) in which the victim I resides around July 24, 2015.