A. In fact, the Defendant, at D’s “E” drinking house operated by D, had sufficient money to pay for alcohol and alcohol at the time of ordering alcohol and alcohol, and was also willing to pay the price. Therefore, the Defendant did not receive alcohol and alcohol by deceiving D without the intention or ability to pay the price as indicated in the facts charged.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. In light of the fact that Sentencing expressed an intention that the defendant does not want to be punished, the lower court’s sentence that sentenced one year to imprisonment is too unreasonable.

2. Determination

A. The following circumstances acknowledged based on the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, ① the victim D from the investigative agency to the court of the court below, to the court of the court below, consistently stated from the investigation agency to the following circumstances: “The defendant calculated the cost of drinking while drinking alcohol, calculated the cost of drinking alcohol, did not have any interest rate, and there was no telephone,” and there was no interest rate; although there were several requests for money, there was no interest, there was no interest rate, and the 112 report to the court of the first instance to the effect that there was no interest, and the 112 report to the court of the first instance to the effect that there was no interest.” ② The defendant was under interrogation by the public prosecutor, and ② the defendant was under interrogation of the suspect, and the defendant did not pay the value of drinking alcohol or not.

무전 취식이 나의 몹쓸 버릇인데, 정말 후회가 된다.

The statement to the effect that “the Defendant was led to a confession of all crimes,” and ③ the Defendant was asked at several times to ask for the payment intention of the drinking value in the letter of arrest of a flagrant offender prepared by F by the police officer F who was called out upon the victim’s 112 report.

(4) The Defendant was released from prison prior to the occurrence of the instant case and received vocational incentives, solely on the ground that he was unable to pay money due to the absence of money.