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(영문) 서울북부지방법원 2019.05.24 2018고단3267
사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 19, 2018, the Defendant: (a) around 21:00 on March 19, 2018, at the Dobong-gu Seoul building and the victim C in the second floor operated by the victim C; and (b) on fact, the Defendant was provided with alcohol and gambling services equivalent to the total market value of KRW 298,000 from the above E, even though he/she did not have an intent or ability to pay the singing fee; and (c) he/she was engaged in such singing practice as if he/she would pay the singing fee.

Accordingly, the defendant was granted property owned by the victim by deceiving the above E.

2. The Defendant, from 22:40 on the same day to 23:02 on the same day, had the victim E (the name of the victim, the finite, the finite, the 55-year old age) parked in a place where the Defendant’s vehicle is parked to calculate the singing room fee between the above Dnogate from 22:40 on the same day to 23:02 on the same day, and the victim fins the victim’s resistance with his own arms during the period where the victim was parked, and fins the victim’s resistance, even though the victim fins the victim’s hand, and the victim fins the victim’s resistance.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E (alias), H and I;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. A protocol concerning the examination of each police suspect against H and I;

1. Statement of the police statement of E;

1. Each statement of H and I prepared;

1. An investigation report (related to attaching receipts, such as expenses incurred in the future);

1. G CCTV, J CCTV, K CCTV, multi-household CCTV, CCTV, L CCTV, L CCTV, and Dobong-gu control center for 107 crime prevention CCTV, 1107 parking and stopping CCTV, c107 crime prevention CCTV, c110 crime prevention CCTV, M CCTV for c110 victim prevention, galing photographs, and data on CCTV in F;

1. Application of mobile route guidance statutes;

1. Relevant Article 347(1) of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment with labor for a crime;

1. The Criminal Act among concurrent crimes.

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