Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On September 28, 2017, the Defendant was sentenced to imprisonment on September 28, 2017 by the Suwon District Court and is still pending in the appellate trial.

On May 5, 2017, the Defendant entered a 'C restaurant' in Suwon-si B, which is an employee, and ordered the victim D (the cafeteria E), who is an employee, to provide food equivalent to KRW 24,00,00 in total, including alcoholic beverage and alcohol.

However, there was no intention or ability to pay the food value to the victim.

The Defendant, as such, by deceiving the victim, received food and drink from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements and receipts;

1. Previous convictions: At the time of determining whether the Defendant had a mental and physical weakness while drinking alcohol, at the time of criminal history inquiry and the Defendant’s legal assertion of mental and physical weakness

The argument is asserted.

According to the records of this case, although the defendant was aware that he had drinking at the time of this case, he was in a mental and physical weak state which lacks the ability to discern things or make decisions in light of the circumstances before and after the crime of this case, circumstances leading to the crime of this case, and circumstances such as the defendant's behavior at the time of the crime of this case.

does not appear.

In addition, even if the defendant was in a mental and physical state.

Even if the defendant's past criminal records and mental illness were considered, the defendant predicted the risk that may occur after drinking, but he/she was in a state of mental and physical weakness.

As such, the so-called "free act in the cause" under Article 10 (3) of the Criminal Act is not subject to mitigation of mental and physical weakness.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of punishment: Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;