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(영문) 서울고등법원 2017.08.25 2017노964
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for twenty-four hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not threaten, or interfere with, the victim for the purpose of retaliation against the crime set forth in paragraph (2) of the 2016 Gohap 787, as stated in the lower judgment.

B. At the time of each of the instant crimes, the Defendant was physically and mentally weak due to shock disorder or alcohol addiction.

(c)

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

2. Determination:

A. In light of the following circumstances, the lower court’s determination of the Defendant’s assertion of mistake of facts duly adopted and investigated by the lower court in light of the evidence duly admitted and examined, the Defendant could sufficiently recognize the fact that the Defendant threatened the victim with the purpose of retaliationing the victim’s statement of damage in the victim’s 112 report or investigation agency. Thus, the Defendant’s allegation

On July 16, 2016, the Defendant issued an order for each share of 1 C, C, 14 C, 1 C, and 1 share of each share in the “E Sing shop” operated by the Victim D, and had been provided with goods and services, such as singing at the said share of 4 hours, and had the Defendant liable for payment of KRW 327,00 to the victim.

However, on July 15, 2016, the Defendant had already hot springed the national pension for meritorious persons paid on July 15, 2016, and had no ability to pay the amount, and escaped without paying the amount to the victim.

The victim reported the defendant to the police as the case of the foregoing in-service, and on August 5, 2016, at the G District District of the Incheon Southern Police Station G District, Incheon, the defendant will be the criminal.

It was confirmed by the police.

I then find the Defendant as the above main point in around 21:50 and that the Defendant had “Nrank’s name in the Republic of Korea” expressed to the Defendant:

The face in four years shall be checked.

the Corporation; and

“The fourth year reported to the police” and “The fourth year reported to the police.”

The Defendant is unable to perform funeral services for the victim, “the four-year olds are dead in fluent,” and “Ne four-years”.

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