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(영문) 서울중앙지방법원 2018.01.25 2017고단6504
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On September 7, 2017, at the main point of “E operated by D” in Seoul Special Metropolitan City, Gwanak-gu, Seoul, the Defendant: (a) on September 7, 2017, the Defendant was unable to pay the drinking value in a normal manner despite having no intention or ability to pay the drinking value; (b) on the other hand, the Defendant ordered F, an employee of the said main point, to pay the drinking value in a normal manner; and (c) did not pay the drinking value in the order of 15 C, which is equivalent to the market price of KRW

Accordingly, the Defendant, by deceiving the victim, was provided with beer equivalent to 135,00 won at the market price from the victim.

2. On September 8, 2017, when the Defendant was demanded to pay the drinking value from the Victim F (F) at the above location around 00:10 on September 8, 2017, the Defendant was forced to commit an indecent act, “I do not have any money at present, p.s., several cares;

Does there be us to go beyond 10: Doz.

b. Do not, if applicable, the age

“At the time of signing that “the victim’s chest is delivered twice to the victim’s chest by hand, and the victim’s fingers after getting out to the victim’s chest.”

An indecent act was committed by force against the victim's will by committing an act such as assaulting.

3. On September 8, 2017, the Defendant obstructed the performance of official duties, at around 00:30, who received a report on the above act by the Defendant at the above location, and took a bath to the Assistant H (37 Doh) and the Senior Security Officer I (31 Doh), a police officer assigned to the G police box, who was called for the said act, and assaulted the Defendant by taking the face of the said police officer once in his/her hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention, suppression and investigation of crimes by police officers H and I belonging to G police boxes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made to I by the police;

1. Receipts and field photographs;

1. The inside CCTV images;

1. Video CDs related to interference with the performance of official duties;

1. On-site documentary evidence 1, 2, 3, 4, 5, 6;

1. Investigation report (35th, 236th of the evidence record) / The defendant did not look at the victim's chest in connection with forced indecent conduct;

However, according to the legal statement of the victim and CCTV images, the defendant inferred the victim as stated in the above facts of crime.

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