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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On February 11, 2016, the Defendant was sentenced to a suspended sentence of one-year imprisonment with prison labor for special bodily injury at the Ulsan District Court, and the judgment became final and conclusive on February 19, 2016.
[Criminal Facts]
1. On January 12, 2016, from around 21:30 to 23:30 of the same day, the Defendant was provided with entertainment services for two hours at the victim C’s singing room operated by Yangsan-si, without having any intent and ability to pay the victim’s alcohol and the cost of speech. As such, the Defendant was committed as if he would normally pay the cost, and ordered the victim’s beer and beer in an amount equivalent to KRW 150,000 at the market price. The Defendant was provided with entertainment services for 30,000 per hour.
Accordingly, the Defendant deceiving the victim as above and obtained pecuniary benefits equivalent to the same amount of 2.10,00 won by being provided with alcoholic beverages, etc. from the injured party.
2. The Defendant was requested by the above victim C (V, 59 years of age) at the above date, time, place, and the victim’s “h. h. h. h. h. h. h.”
Mobro putting them in bulk
The victim’s breath, who was in use, exceeded his her son and her son, and assaulted twice the victim’s breath by drinking, etc.
Summary of Evidence
1. Statement made by the police against C;
1. Receipts:
1. Previous convictions: Inquiry of criminal history, confirmation of minor convictions and reports on such minor convictions, and application of statutes governing the judgment;
1. Relevant Article 347(1) of the Criminal Act (the point of fraud), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;