【The Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Support for Sugwon and Ansan on October 16, 2015, and completed the execution of the sentence on November 11, 2016. On January 24, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for a crime of assault at the Seoul Western District Court on February 1, 2018 and the judgment became final and conclusive on February 1, 2018.

[Criminal Facts]

1. On August 10, 2017, the Defendant: (a) around 13:10 on August 10, 2017, at the “D cafeteria” operated by the Nam-gu Seoul Metropolitan City, Nam-gu, Seoul Metropolitan Government, the Defendant ordered the victim to pay the completion amount; and (b) one half of the amount equivalent to 26,000 won at the market price.

However, as the Defendant did not have any specific means of payment other than the oil supply card with no settlement function at the time, the Defendant did not have any intent or ability to pay the price even if he was provided with food, alcoholic beverages, etc. from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) by deceiving the victim; (c) obtained 1st half of the market price of 26,000 won from the victim, i.e., a small-scale 1 bottle; and (d) roasting roasting 1st and air booming 1stm, and obtained froasing 1stm of it.

2. The Defendant of the assault: (a) on the ground that the victim demanded payment at the same date, time, place as set forth in paragraph 1; and (b) on the ground that the victim demands payment; (c) where there is a person who takes money and drink;

The Defendant’s cell phone used the victim’s cell phone to assault the victim at one time at the left side of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s self-written statement;

1. Receipts:

1. Each photograph;

1. Previous convictions: Individual confinement status, inquiry of residents and criminal history, inquiry of criminal history, case search results, application of statutes of the judgment;

1. Relevant Article 347(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes: