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(영문) 서울서부지방법원 2017.03.15 2016고단4122
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On February 18, 2016, the Defendant was sentenced to eight months of imprisonment for the crime of assault at the Seoul Western District Court (Seoul Western District Court) and completed the execution of the sentence on September 18, 2016.

[Criminal facts]

1. On December 25, 2016, the Defendant was provided with alcohol and food equivalent to 11,000 won in total from the victims D (V, 52 years of age) located in Yongsan-gu Seoul Metropolitan Government on December 25, 2016, and the fact was committed as if he would pay the price despite having no intent or ability to pay the price, even if he/she orders alcohol and food.

2. The Defendant who interfered with his/her duties, at the time and place specified in paragraph (1), and without any justifiable reason, took a bath to other customers, such as “this fluor, Chewing fluor, bitch bitch bitch,” and fluor, even though he/she avoided the Defendant, continues to engage in the same conduct, and the victim resists the Defendant, and the victim resists the Defendant.

In doing so, it was impossible to let the defective victim go with his/her meal, or her visitors who had come to the place, by singing a satis, by satising the satisf, and sating the satisf.

Accordingly, the defendant interfered with the victim's restaurant business by force.

3. The defendant of the assault shall resist the defendant, as described in paragraph (2), at the time and place mentioned in paragraph (1), and the victim shall also resist him/her as described in paragraph (2).

The victim abusedd the victim, i.e., “h., e., f., f., f., f., f., f., f.,” and b.o., f., f., f., f., f., f., f., f., f., and f., f.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A report on investigation (on-site CCTV images) and a receipt;

1. Previous convictions: inquiries about criminal history, investigation reports (the confirmation of criminal records of repeated crimes and the current status of individual confinement).

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