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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2014 Highest 1988]
1. On August 15, 2014, from around 15:00 to 20:05, the Defendant: (a) at the “DPC bank” on the first floor (DPC); (b) had no capacity or intent to pay the amount of money at the time; and (c) had no capacity or intent to pay the amount of money to the victim E, who is an employee; (d) had been provided with the PC using services for about five hours by the victim; and (e) had acquired the pecuniary benefits equivalent to KRW 5,400 of the amount of money used.
2. The Defendant committed assault to the victim E (the age of 24) by putting the victim E (the age of 24) on the same date and place as that set forth in paragraph 1, and intending to flee without paying the above amount, and by drinking the victim’s back-to-face and the inner part of the victim, respectively.
[2014 Highest 2528] The Defendant, from around 22:20 on September 17, 2014 to around 09:20 on September 18, 2014, did not have any intent or ability to pay the cost of use due to the lack of money at the time, and did not have any intent or capacity to pay the cost of use to the victim H, who is an employee, then he/she was aware that he/she would pay the cost of use by using the 11-hour PC from the victim, thereby acquiring the pecuniary profit equivalent to KRW 13,00 of the cost of use.
[2015 Height39] From September 23, 2014 to December 28 of the following day, the Defendant: (a) from around 23:20 on September 13, 2014, the “KPC operated by the Victim JJ located in the Seoul Special Metropolitan City, Nowon-gu I and the fifth floor; (b) did not have any ability or intent to pay the amount for the use; and (c) did not have any ability or intent to pay the amount for the use; and (d) obtained property benefits equivalent to KRW 17,600 of the amount for the use of the PC provided by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement to E and J;
1. Application of H’s written Acts and subordinate statutes;
1. Relevant Article 347(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime;
1. Article 37 of the Criminal Code among concurrent crimes.