A defendant shall be punished by imprisonment for a period of five months.

Criminal facts

On August 25, 2016, the Defendant was sentenced to imprisonment for one year and two months at the Gwangju District Court for fraud, etc. and completed the execution of the sentence on July 4, 2017.

1. On October 19, 2017, the Defendant was provided with alcohol and alcohol equivalent to 120,000 won at the market price from the injured party, taking into consideration that the Defendant did not have the intent or ability to pay the drinking price in the “E main” of the victim’s operation in Gwangju Mine-gu, Gwangju, even though the Defendant did not intend or have the ability to pay the drinking price in a normal manner, on December 19, 2017, the Defendant was ordered to pay the injured party the alcohol and alcohol equivalent to KRW 120,000 at the market price of the injured party’s G management in the Gwangju Northern-gu, Gwangju, Gwangju, and around December 28, 2017, the Defendant was provided with the intent to pay the drinking price to the injured party (the summary of the evidence was provided by the injured party in the aggregate of KRW 172,000,000,000, such as beer and alcohol (the summary of evidence was provided by May 4, 2018).

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes - The defendant continuously repeats a similar crime, and there are many records of criminal punishment as a result of that crime. The crime of this case was committed even before the instant case, which was sentenced to imprisonment with prison labor for a similar crime, and whose period has not yet passed thereafter, again during the period of repeated crime - The crime of this case was repeated for a short period of time - The damage was not completely recovered.