[2] Criminal Records: The judgment of fraud committed on July 9, 2013: Imprisonment with prison labor for six months or suspension of execution: The case committed on July 17, 2013 and the case committed on July 17, 2013: the judgment of the Seoul Central District Court for the crime of indecent act committed on January 7, 2013: the case committed on June: the case committed on January 15, 2014 and the case committed on January 3: the judgment of larceny, etc. committed on November 26, 2015: the Seoul Western District Court for the crime committed on July 4, 2016 [the crime committed on July 4, 201]

1. On July 24, 2016, the Defendant: (a) around 20:00, at “E” restaurant with the victim D working on the first floor of Seongbuk-gu Seoul Metropolitan Government C Building; (b) ordered that the Defendant would normally pay the amount of food without the intent or ability to pay the amount; and (c) the Defendant received food equivalent to KRW 39,00,000, such as satisfaction, spawn, and spawn, from the victim, and obtained pecuniary benefits.

2. On July 24, 2016, around 21:00, the Defendant committed assault against the victim D (19 years of age) who did not pay food costs and attempted to flee at the above restaurant, and was subject to 112 reporting by the victim D (19 years of age) who was working at the above restaurant without paying food costs. As such, the Defendant assaulted the victim by hand at the time of the victim’s buck.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 347(1) and 260(1) of the Criminal Act concerning the choice of punishment, and imprisonment, respectively;

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

1. 경합범 가중 형법 제 37 조 전단, 제 38조 제 1 항 제 2호, 제 50조 양형이 유 양형기준 유형 구분 감경 기본 가중 1 1억 원 미만 ~ 1년 6월 ~ 1년 6월 1년 ~ 2년 6월 제 1 범죄( 사기) 특별 양형 인자 : 가중요소( 동 종 누범) 권고 형량 : 가중영역 (1 년 ~ 2년 6월) 제 2 범죄( 폭력) 특별 양형 인자 : 해당 없음 권고 형량 : 기본영역 (2 월 ~ 10월) ⇒ 다수범 가중에 따른 최종 형량범위 : 1년 ~ 2년 11월( 제 1 범죄 상한 제 2 범죄 상한의 1/2) 구 형 : 징역...