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A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
" 2016 Gohap 95"
1. On June 24, 2016, the Defendant: (a) around 01:03, the Defendant: (b) entered the E stores operated by the victim D, who was in the Gu C, as a customer; and (c) ordered the victim to be sick with 5 concurrently; and (d) the victim was entitled to receive the alcohol value in advance.
In other words, the defendant said that he had alcohol and alcohol as if he would pay the price of alcohol and alcohol in a normal manner.
However, as the Defendant did not have cash and the victim demanded to pay the alcohol value in advance, there was no intention or ability to pay the alcohol price due to the lack of an intention to pay the alcohol value with one credit card of the national bank held at the time because of the lack of an intention to pay the alcohol value with one credit card.
Nevertheless, the defendant deceiving the victim and received alcoholic beverages equivalent to the market price of 50,000 won from the injured party, thereby deceiving the property owned by the victim.
2. Some of the facts charged of forced indecent acts were corrected according to the facts obtained through the examination of evidence to the extent that it is not likely to substantially disadvantage the defendant's exercise of his/her right to defense.
The Defendant received the price of alcoholic beverages, etc. ordered as stated in paragraph 1 at the date, time, place, and at the same time and place as stated in paragraph 1, without paying the price of the alcoholic beverages, and requested the Defendant to pay alcoholic beverages to the Defendant, the victim D (the 54 years old) who is the owner of the said main shop. The Defendant received a passbook account number from the victim by transferring the future account and paying the alcoholic beverages, and then he committed an indecent act by force against the victim by making the victim's chest on his own hand without resistance.
3. On June 24, 2016, the Defendant, who sustained robbery, entered the victim G (V) located in the Gu F during Ansan-si, from the main point of “H” operated by the Gu F (V, 56 years old) to be a guest.