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(영문) 서울동부지방법원 2016.02.18 2015고단1684
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Records] On June 18, 2015, the Defendant was sentenced to a suspended sentence of two years on June 6, 2015, by obstructing the execution of official duties at the Seoul Eastern District Court, and the said judgment became final and conclusive on October 16 of the same year.

[Criminal facts] 2015 Highest 1684

1. On January 25, 2015, from around 02:30 to around 07:00, the defrauded C’s “E amusement shop” operated by Yongsan-gu Seoul Metropolitan Government, thereby deceiving the victim as if the victim did not have any intent or ability to pay the drinking value, and thereby deceiving the victim as if the victim did not normally pay the drinking value to the victim, and then deceiving the victim, and then deceiving the victim of the loss of the amount of 40,000 won equivalent to the market price of KRW 1.60,00 won, KRW 150,000,000, KRW 520,000,000, and KRW 980,000,00,000.

2. Around 09:00 on January 25, 2015, the Defendant’s indecent act forcedly committed the Defendant’s indecent act: (a) to the victim C (V, 57 years of age) who was performing the settlement by using the Defendant’s dry card prior to the calculation stand of “E amusement shop”; (b) to the victim’s own hand, the Defendant continued to talk with and play the victim’s left chest; and (c) to the victim’s chest by inserting his finger into the part of the victim’s pursuant to the Defendant’s pursuant to the string, the Defendant got the victim’s chest to the boom.

The defendant continued to be exempted from the victim's jackets by force, but is not well exempted from his clothes, the defendant shall die unless he exceeds his clothes.

The victim could not resist against the victim by intimidation, and the victim exceeded all clothes, and the victim was in the body of body only about one minute of the victim's sexual organ by hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

3. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) by the Defendant against the victim’s will, on January 25, 2015, when the victim C was in a physical state by committing the crime under paragraph 2 from the “E amusement center” around January 11:13, 2015, it is against the victim’s will that may cause a sense of sexual shame by using the Defendant’s mobile phone.

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