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(영문) 서울남부지방법원 2016.12.12 2016고단2895

A defendant shall be punished by imprisonment for four months.


Punishment of the crime

[criminal power] On September 4, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) in the Suwon District Court’s Ansan Branch, and on February 14, 2014, was sentenced to eight months of imprisonment for the same crime, etc. at the Seoul Central District Court on February 19, 2014 and the said sentence became final and conclusive on February 19, 2014, and the said suspended sentence was terminated on December 5, 2014.

On October 7, 2016, the Defendant was sentenced to imprisonment with prison labor for property damage, etc. at Seoul Southern District Court on October 7, 2016, and the judgment became final and conclusive on November 18, 2016.

[2016 Highest 2895] On May 31, 2016, the Defendant interfered with the victim’s restaurant business by force by avoiding disturbances for about one hour, including the 1st of the customers, who had been outside the cafeteria, and the customers who had been outside the cafeteria, left the cafeteria at the cafeteria on May 31, 2016, at the “E cafeteria” restaurant operated by the victim D (53 years old) located in the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu.

[2016 Highest 4544] On February 10, 2016, the Defendant: (a) placed the victim G (33 years of age) in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City F at the main point; (b) placed the victim with alcohol and alcohol, and ordered the victim to pay the alcohol value.

The Defendant, as such, by deceiving the victim, received delivery of approximately 100,000 won of the total market value from the victim and three beer, etc.

[2016 Highest 4927] On April 29, 2016, the Defendant showed the same attitude of paying the drinking value normally in the “Jju” operated by the victim I located in Geumcheon-gu Seoul Metropolitan Government, despite having no intent or ability to pay the drinking value. The Defendant ordered the victim’s drinking, and the Defendant was provided the victim with a total of KRW 15,000 persuous 15,00.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence